MB9-26399

MB9-26399

Applying the Zeng framework the RAD found the appellants had Brazilian permanent resident status, had been absent for more than two years which on the balance of probabilities resulted in loss of that status, their workplace discrimination and economic hardship in Brazil did not amount to persecution or an involuntary departure, they could not show a serious possibility of persecution in Haiti given the passage of time and lack of evidence of ongoing risk, and removal to Haiti would not violate Canada’s international obligations; therefore Article 1E excluded them from Convention protection and the appeal was dismissed.

Citation
MB9-26399
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX); Intervenor: Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 November 2020
Procedural Posture
Refugee Appeal (application of Article 1 E Exclusion) / Decision by Refugee Appeal Division on Merits
Outcome
Appeal dismissed; RPD determination confirmed; appellants excluded from Convention protection under Article 1E and IRPA s.98
Legal Topics
Article 1 E Exclusion, Third‑country Permanent Resident Status, Zeng Factors, Credibility and Omissions in BOC, Non‑refoulement/international Obligations
Source Language
English
Immigration Law Refugee Law Administrative Law International Law Article 1 E Exclusion Third‑country Permanent Resident Status Zeng Factors Credibility and Omissions in BOC +1 more

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Parties

XXXX XXXX XXXXXXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX)

Associate Appellant

Minister of Immigration, Refugees and Citizenship

Intervenor

Procedural Posture

Refugee Appeal (application of Article 1 E Exclusion) / Decision by Refugee Appeal Division on Merits

Legal Issues

  1. 1 Whether appellants are excluded from Convention protection under Article 1E due to permanent resident status in Brazil
  2. 2 Whether appellants lost Brazilian permanent resident status and whether loss was voluntary or involuntary
  3. 3 Whether appellants faced persecution in Brazil sufficient to defeat exclusion

Ratio Decidendi

Applying the Zeng framework the RAD found the appellants had Brazilian permanent resident status, had been absent for more than two years which on the balance of probabilities resulted in loss of that status, their workplace discrimination and economic hardship in Brazil did not amount to persecution or an involuntary departure, they could not show a serious possibility of persecution in Haiti given the passage of time and lack of evidence of ongoing risk, and removal to Haiti would not violate Canada’s international obligations; therefore Article 1E excluded them from Convention protection and the appeal was dismissed.

Court Disposition

Appeal dismissed; RPD determination confirmed; appellants excluded from Convention protection under Article 1E and IRPA s.98

Orders

  • Appeal dismissed and RPD decision of October 22, 2019 confirmed; appellants excluded under Article 1E of the Convention