MB9-10711

MB9-10711

Applying the Zeng framework and balancing factors, the RAD found the RPD did not err: the principal appellant either had or could regain status in Brazil substantially similar to nationals and failed to prove involuntary loss of that status or an individualized risk in Brazil; she also failed to establish a serious possibility of persecution in Haiti as a woman or as a returnee; therefore she is excluded under Article 1E/section 98 IRPA and the appeal is dismissed.

Citation
MB9-10711
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 January 2020
Procedural Posture
Refugee Appeal / Decision by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RPD decision confirmed; principal appellant excluded under Article 1E/section 98 IRPA; minor appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Article 1 E Exclusion, Zeng Factors Balancing, Persecution Risk Assessment, Particular Social Group (women), Third Country Permanent Residence
Source Language
English
Immigration Law Refugee Protection Administrative Law Article 1 E Exclusion Zeng Factors Balancing Persecution Risk Assessment Particular Social Group (women) Third Country Permanent Residence

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Decision by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether RPD erred in applying Article 1E of the Refugee Convention and section 98 IRPA to exclude the principal appellant
  2. 2 Whether the principal appellant faces a serious possibility of persecution in Haiti as a member of the particular social group of Haitian women
  3. 3 Whether the principal appellant left Brazil involuntarily and thus lost permanent resident status due to persecution

Ratio Decidendi

Applying the Zeng framework and balancing factors, the RAD found the RPD did not err: the principal appellant either had or could regain status in Brazil substantially similar to nationals and failed to prove involuntary loss of that status or an individualized risk in Brazil; she also failed to establish a serious possibility of persecution in Haiti as a woman or as a returnee; therefore she is excluded under Article 1E/section 98 IRPA and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed; principal appellant excluded under Article 1E/section 98 IRPA; minor appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed and RPD determination confirmed
  • Principal appellant excluded from application of the Refugee Convention under Article 1E pursuant to section 98 of the IRPA