MB9-09170

MB9-09170

RAD affirms RPD: adult Haitian appellants are excluded under Article 1E because they had or could have obtained permanent residence in Brazil (status substantially equivalent to nationals), failed to obtain or maintain it and voluntarily left Brazil (no persecution or risk at time of departure); they cannot be said to need Canada's protection and can return to Haiti without serious risk; the minor U.S. citizen faces no risk in the United States and is not a refugee or person in need of protection.

Citation
MB9-09170
Parties
Male Appellant: XXXX XXXX; Female Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 January 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RAD confirms RPD decision.
Legal Topics
Article 1 E Exclusion, Persecution Assessment, Credibility Findings, State Protection, Permanent Residence Status, Asylum Shopping, Risk Assessment
Source Language
English
Immigration Law Refugee Law International Law Article 1 E Exclusion Persecution Assessment Credibility Findings State Protection Permanent Residence Status +2 more

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Parties

XXXX XXXX

Male Appellant

XXXX XXXX

Female Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the adult appellants are excluded from protection under Article 1E of the 1951 Refugee Convention by reason of permanent residence in Brazil and voluntary loss of that status
  2. 2 Whether the minor appellant, a United States citizen, is a Convention refugee or person in need of protection

Ratio Decidendi

RAD affirms RPD: adult Haitian appellants are excluded under Article 1E because they had or could have obtained permanent residence in Brazil (status substantially equivalent to nationals), failed to obtain or maintain it and voluntarily left Brazil (no persecution or risk at time of departure); they cannot be said to need Canada's protection and can return to Haiti without serious risk; the minor U.S. citizen faces no risk in the United States and is not a refugee or person in need of protection.

Court Disposition

Appeal dismissed; RAD confirms RPD decision.

Orders

  • Appeal dismissed
  • Refugee Protection Division determination confirmed