MC0-06700

MC0-06700

The RAD held that Brazilian permanent resident status confers rights substantially similar to nationality; the appellants voluntarily forfeited that status by remaining outside Brazil for over two years without legally recognized justification; their experiences of discrimination and criminal recruitment did not meet the threshold of persecution; balancing the Zeng factors (including possible risk in Haiti) supports exclusion under Article 1E, so the RPD correctly rejected their refugee and protection claims.

Citation
MC0-06700
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 March 2021
Procedural Posture
Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division Reviewing Refugee Protection Division Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Article 1 E Exclusion, Persecution, Permanent Resident Status, Zeng Test, Risk Assessment, Family Reunification
Source Language
English
Immigration Law Refugee Law Administrative Law International Law Article 1 E Exclusion Persecution Permanent Resident Status Zeng Test +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division Reviewing Refugee Protection Division Decision

Legal Issues

  1. 1 Whether appellants are excluded from refugee protection under Article 1E of the 1951 Refugee Convention due to status in Brazil
  2. 2 Whether permanent resident status in Brazil confers rights substantially similar to nationals
  3. 3 Whether appellants were persecuted or face a serious possibility of persecution in Brazil

Ratio Decidendi

The RAD held that Brazilian permanent resident status confers rights substantially similar to nationality; the appellants voluntarily forfeited that status by remaining outside Brazil for over two years without legally recognized justification; their experiences of discrimination and criminal recruitment did not meet the threshold of persecution; balancing the Zeng factors (including possible risk in Haiti) supports exclusion under Article 1E, so the RPD correctly rejected their refugee and protection claims.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Refugee Protection Division decision of February 7, 2020 rejecting refugee protection claims is confirmed
  • Appellants are persons described in Article 1E of the Convention and are excluded from protection in Canada