MB8-10588

MB8-10588

The RPD correctly found the appellant held Brazilian permanent resident status which affords rights substantially similar to Brazilian nationals under the Shamlou factors; the record and documentary evidence do not demonstrate a serious possibility of persecution or risks under ss.96 or 97 IRPA if returned to Brazil; the affidavit tendered on appeal is not new and admission was properly refused; accordingly the appellant is excluded under Article 1E and the appeal is dismissed.

Citation
MB8-10588
Parties
Appellant (principal): XXXX XXXX XXXX XXXXXXXX XXXX; Appellant (minor): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 May 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (refugee Appeal Division)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Article 1 E Exclusion, Third Country Permanent Residence, Forward‑looking Risk Assessment, Admissibility of New Evidence, Credibility Findings, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Article 1 E Exclusion Third Country Permanent Residence Forward‑looking Risk Assessment Admissibility of New Evidence Credibility Findings +1 more

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX

Appellant (principal)

XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (refugee Appeal Division)

Legal Issues

  1. 1 Whether Brazilian permanent resident status affords rights similar to nationals for Article 1E purposes
  2. 2 Whether appellant faces a serious possibility of persecution or risk under ss.96 or 97 IRPA if returned to Brazil
  3. 3 Whether new evidence should be admitted and a hearing held by the RAD

Ratio Decidendi

The RPD correctly found the appellant held Brazilian permanent resident status which affords rights substantially similar to Brazilian nationals under the Shamlou factors; the record and documentary evidence do not demonstrate a serious possibility of persecution or risks under ss.96 or 97 IRPA if returned to Brazil; the affidavit tendered on appeal is not new and admission was properly refused; accordingly the appellant is excluded under Article 1E and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed pursuant to s.111(1)(a) IRPA
  • Principal appellant XXXX XXXX XXXX XXXXXXXX XXXX is excluded from protection under Article 1E and is not a refugee or person in need of protection under s.98 IRPA