MB8-02632

MB8-02632

The RPD erred in treating the appellants' Brazilian foreigner identity cards (CIE) as proof of permanent resident status; objective documentary evidence shows the CIE issued to Haitians were five-year humanitarian visas subject to validation requirements and not permanent residence, therefore appellants are not persons referred to in Article 1E; Exhibit A-8 (NDP update) was admissible and relevant; appeal allowed and matter remitted to a differently constituted RPD panel for re-determination.

Citation
MB8-02632
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 December 2020
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division; Appeal Allowed and Matter Remitted to Refugee Protection Division for Re Determination
Outcome
Appeal allowed
Legal Topics
Article 1 E Exclusion, Permanent Resident Status in Foreign Jurisdiction, Admissibility of New Evidence, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Article 1 E Exclusion Permanent Resident Status in Foreign Jurisdiction Admissibility of New Evidence Standard of Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division; Appeal Allowed and Matter Remitted to Refugee Protection Division for Re Determination

Legal Issues

  1. 1 Whether the appellants were excluded under Article 1E of the 1951 Refugee Convention
  2. 2 Whether the appellants held permanent resident status in Brazil or only humanitarian visas
  3. 3 Whether new evidence presented before and after perfection was admissible

Ratio Decidendi

The RPD erred in treating the appellants' Brazilian foreigner identity cards (CIE) as proof of permanent resident status; objective documentary evidence shows the CIE issued to Haitians were five-year humanitarian visas subject to validation requirements and not permanent residence, therefore appellants are not persons referred to in Article 1E; Exhibit A-8 (NDP update) was admissible and relevant; appeal allowed and matter remitted to a differently constituted RPD panel for re-determination.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Matter referred to a differently constituted Refugee Protection Division panel for re-determination