MC3-04018

MC3-04018

Applying Zeng, the tribunal found a viable family reunification route in Brazil for the non‑Brazilian appellants which would permit restoration of a status substantially similar to nationals; their loss of Brazilian permanent resident status did not prevent exclusion under Article 1E, and the appellants failed to prove involuntary departure or persecution in Brazil, therefore they are excluded and the appeals are dismissed.

Citation
MC3-04018
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant (spouse): XXXX XXXX; Appellant Child: XXXX XXXX XXXX XXXX (XXXX); Appellant Child (brazilian Citizen): XXXX XXXX XXXX (XXXX)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 September 2023
Procedural Posture
Refugee Appeal (article 1 E Exclusion) / Decision on Appeal (reasons and Decision)
Outcome
Appeals dismissed.
Legal Topics
Article 1 E Exclusion, Family Reunification, Permanent Resident Status, Asylum Claim Credibility, Zeng Test
Source Language
English
Immigration Law Refugee Law Administrative Law International Law Article 1 E Exclusion Family Reunification Permanent Resident Status Asylum Claim Credibility +1 more

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 5 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX XXXX XXXX (XXXX)

Appellant Child

XXXX XXXX XXXX (XXXX)

Appellant Child (brazilian Citizen)

Procedural Posture

Refugee Appeal (article 1 E Exclusion) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether appellants are excluded from protection under Article 1E of the Refugee Convention due to prior residency in Brazil and ability to return
  2. 2 Whether the appellants lost permanent resident status in Brazil and whether that loss was voluntary
  3. 3 Whether family reunification with a Brazilian citizen child provides a realistic route to regain residency and citizenship in Brazil

Ratio Decidendi

Applying Zeng, the tribunal found a viable family reunification route in Brazil for the non‑Brazilian appellants which would permit restoration of a status substantially similar to nationals; their loss of Brazilian permanent resident status did not prevent exclusion under Article 1E, and the appellants failed to prove involuntary departure or persecution in Brazil, therefore they are excluded and the appeals are dismissed.

Court Disposition

Appeals dismissed.

Orders

  • The appeals are dismissed.