TC0-09488

TC0-09488

The Principal Appellant is excluded under Article 1E because he retained Panamanian permanent residence at the time of the RPD hearing and enjoyed rights substantially similar to nationals (Shamlou factors), and the xenophobic incidents alleged in Panama did not amount to persecution. The Associate Appellants, however, face a serious possibility of persecution in Venezuela as immediate family members of a political opponent based on accepted credibility, admitted country condition evidence and evidence of state-sponsored repression and targeting of family members; there is no viable state protection or internal flight alternative, so they are Convention refugees.

Citation
TC0-09488
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 February 2021
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision Dated February 16, 2021)
Outcome
Appeal dismissed in part and allowed in part: Principal Appellant excluded under Article 1E and appeal dismissed as to him; Associate Appellants found to be Convention refugees and appeal allowed as to them.
Legal Topics
Article 1 E Exclusion, Convention Refugee Determination, Particular Social Group (family of Political Opponent), Procedural Fairness, Admission of New Evidence, Internal Flight Alternative, Risk in Country of Residence
Source Language
English
Immigration Refugee Law Administrative Law Article 1 E Exclusion Convention Refugee Determination Particular Social Group (family of Political Opponent) Procedural Fairness Admission of New Evidence +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision Dated February 16, 2021)

Legal Issues

  1. 1 Whether the Principal Appellant is excluded from refugee protection under Article 1E of the Refugee Convention by reason of permanent residence in Panama
  2. 2 Whether the Associate Appellants face a serious possibility of persecution in Venezuela as immediate family of a political opponent (particular social group)
  3. 3 Whether the RPD breached procedural fairness by failing to identify forward-looking risk for the Associate Appellants as a live issue

Ratio Decidendi

The Principal Appellant is excluded under Article 1E because he retained Panamanian permanent residence at the time of the RPD hearing and enjoyed rights substantially similar to nationals (Shamlou factors), and the xenophobic incidents alleged in Panama did not amount to persecution. The Associate Appellants, however, face a serious possibility of persecution in Venezuela as immediate family members of a political opponent based on accepted credibility, admitted country condition evidence and evidence of state-sponsored repression and targeting of family members; there is no viable state protection or internal flight alternative, so they are Convention refugees.

Court Disposition

Appeal dismissed in part and allowed in part: Principal Appellant excluded under Article 1E and appeal dismissed as to him; Associate Appellants found to be Convention refugees and appeal allowed as to them.

Orders

  • Confirm RPD decision that the Principal Appellant is neither a Convention refugee nor a person in need of protection
  • Substitute decision that the Associate Appellants are Convention refugees