MB9-11243

MB9-11243

The RAD upheld the RPD's negative credibility findings as determinative; on the evidence the appellants voluntarily abandoned Brazilian permanent resident status by being absent for over two years, failed to prove a serious possibility of persecution in Haiti or individualized risk under ss.96–97 IRPA, and therefore are excluded under Article 1E and are not refugees or persons in need of protection under s.98 IRPA.

Citation
MB9-11243
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 February 2020
Procedural Posture
Refugee Appeal Refugee Appeal Division / Decision on Appeal (no Hearing; RAD Proceeded Under S.110(3) Irpa)
Outcome
Appeal dismissed; RPD determination confirmed; appellants excluded under Article 1E of the Refugee Convention and are not refugees or persons in need of protection under s.98 IRPA.
Legal Topics
Article 1 E Exclusion, Credibility Assessment, Particular Social Group (women), Zeng Factors, Natural Justice
Source Language
English
Immigration Law Refugee Law International Law Article 1 E Exclusion Credibility Assessment Particular Social Group (women) Zeng Factors Natural Justice

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant (minor)

Procedural Posture

Refugee Appeal Refugee Appeal Division / Decision on Appeal (no Hearing; RAD Proceeded Under S.110(3) Irpa)

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the principal appellant
  2. 2 Whether Article 1E of the Refugee Convention excludes appellants given Brazilian permanent resident status
  3. 3 Whether appellants voluntarily abandoned Brazilian residency and lost status by absence

Ratio Decidendi

The RAD upheld the RPD's negative credibility findings as determinative; on the evidence the appellants voluntarily abandoned Brazilian permanent resident status by being absent for over two years, failed to prove a serious possibility of persecution in Haiti or individualized risk under ss.96–97 IRPA, and therefore are excluded under Article 1E and are not refugees or persons in need of protection under s.98 IRPA.

Court Disposition

Appeal dismissed; RPD determination confirmed; appellants excluded under Article 1E of the Refugee Convention and are not refugees or persons in need of protection under s.98 IRPA.

Orders

  • Appeal dismissed and RPD decision confirmed
  • No hearing held by RAD; RAD proceeded pursuant to subsection 110(3) IRPA