MB8-08284

MB8-08284

On the balance of probabilities the principal appellant held Brazilian permanent resident status granted by ministerial act and evidenced by residency card and passport stamp; that status confers rights and obligations substantially similar to Brazilian nationals, bringing her within Article 1E; moreover both appellants failed to prove a serious possibility of persecution in Brazil or a s.97 risk and credibility concerns justified rejecting their claims, so the RPD's determination is confirmed and the appeal dismissed.

Citation
MB8-08284
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 March 2019
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Determination on Appeal (rad Decision)
Outcome
Appeal dismissed; RAD confirms RPD decision that appellants are not Convention refugees or persons in need of protection and that principal appellant is a person described in Article 1E
Legal Topics
Article 1 E Exclusion, Persecution Risk Assessment, Credibility Findings, Permanent Resident Status, State Protection
Source Language
English
Immigration Refugee Law Administrative Law Article 1 E Exclusion Persecution Risk Assessment Credibility Findings Permanent Resident Status State Protection

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Determination on Appeal (rad Decision)

Legal Issues

  1. 1 Whether the principal appellant is excluded under Article 1E due to Brazilian permanent resident status
  2. 2 Whether Brazilian permanent residence confers rights and obligations substantially similar to nationals
  3. 3 Whether appellants established a serious possibility of persecution in Brazil or risk under section 97 IRPA

Ratio Decidendi

On the balance of probabilities the principal appellant held Brazilian permanent resident status granted by ministerial act and evidenced by residency card and passport stamp; that status confers rights and obligations substantially similar to Brazilian nationals, bringing her within Article 1E; moreover both appellants failed to prove a serious possibility of persecution in Brazil or a s.97 risk and credibility concerns justified rejecting their claims, so the RPD's determination is confirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that appellants are not Convention refugees or persons in need of protection and that principal appellant is a person described in Article 1E

Orders

  • Appeal dismissed
  • RPD determination of March 5, 2018 confirmed