TC1-03054

TC1-03054

The appeals of the Principal, Associate and eldest Minor are allowed and substituted: they are not excluded under Article 1E because their Brazilian status is conditional, vulnerable and not substantially similar to nationality (cannot renew without Turkish passports/police clearances and face active extradition risk), and the Principal and family face a serious possibility of persecution in Turkey; the youngest Minor's appeal is dismissed because evidence did not establish she would face a serious possibility of persecution or harm in Brazil.

Citation
TC1-03054
Parties
Principal Appellant: XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX; Associate Appellant: XXXX XXXX; Eldest Minor Appellant: XXXX XXXX; Youngest Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 October 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (substitution of Decision)
Outcome
Appeal allowed in part: Principal Appellant, Associate Appellant and Eldest Minor Appellant found to be Convention refugees; Youngest Minor Appellant appeal dismissed.
Legal Topics
Article 1 E Exclusion, Convention Refugee Status, Procedural Fairness / Legitimate Expectation, Country Risk Assessment, Citizenship/naturalization Requirements
Source Language
English
Immigration Law Refugee Law Administrative Law Extradition Risk Article 1 E Exclusion Convention Refugee Status Procedural Fairness / Legitimate Expectation Country Risk Assessment +1 more

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Eldest Minor Appellant

XXXX XXXX

Youngest Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (substitution of Decision)

Legal Issues

  1. 1 Whether RPD breached procedural fairness/legitimate expectation by issuing decision without further submissions
  2. 2 Whether appellants are excluded under Article 1E because of status in Brazil
  3. 3 Whether appellants' Brazilian status confers rights substantially similar to nationals (Shamlou factors)

Ratio Decidendi

The appeals of the Principal, Associate and eldest Minor are allowed and substituted: they are not excluded under Article 1E because their Brazilian status is conditional, vulnerable and not substantially similar to nationality (cannot renew without Turkish passports/police clearances and face active extradition risk), and the Principal and family face a serious possibility of persecution in Turkey; the youngest Minor's appeal is dismissed because evidence did not establish she would face a serious possibility of persecution or harm in Brazil.

Court Disposition

Appeal allowed in part: Principal Appellant, Associate Appellant and Eldest Minor Appellant found to be Convention refugees; Youngest Minor Appellant appeal dismissed.

Orders

  • Substitute decision: Principal Appellant, Associate Appellant and Eldest Minor Appellant are Convention refugees.
  • Confirm RPD decision that the Youngest Minor Appellant is neither a Convention refugee nor a person in need of protection.