MB7-08673

MB7-08673

The claimant held Brazilian permanent resident status conferring rights and obligations substantially similar to nationals as of the hearing, failed to prove he had lost that status, and failed to establish a well-founded fear of persecution or risk in Brazil; therefore Article 1E applies and he is excluded from protection under the Convention and s.98 IRPA, so his claim is dismissed.

Citation
MB7-08673
Parties
Claimant / Asylum Seeker: XXXX XXXX; Respondent / Minister: Minister of Immigration, Refugees and Citizenship Canada
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 October 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (irpa) / Hearing and Decision on Exclusion Under Article 1 E of the 1951 Refugee Convention (reasons and Decision)
Outcome
Claimant excluded under Article 1E of the 1951 Convention; not a Convention refugee nor a person in need of protection under s.98 IRPA; claim dismissed.
Legal Topics
Article 1 E Exclusion, Permanent Residence in Third Country, Refugee Status Determination, Burden of Proof, Well Founded Fear of Persecution, Asylum Shopping, Credibility Assessment
Source Language
English
Immigration and Refugee Law International Law Administrative Law Article 1 E Exclusion Permanent Residence in Third Country Refugee Status Determination Burden of Proof Well Founded Fear of Persecution +2 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

Claimant / Asylum Seeker

Minister of Immigration, Refugees and Citizenship Canada

Respondent / Minister

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (irpa) / Hearing and Decision on Exclusion Under Article 1 E of the 1951 Refugee Convention (reasons and Decision)

Legal Issues

  1. 1 Whether Article 1E of the 1951 Convention excludes the claimant from refugee protection
  2. 2 Whether the claimant had and retained permanent resident status in Brazil on the date of hearing
  3. 3 Whether the claimant established a well-founded fear of persecution or a risk under ss.96/97 IRPA in Brazil

Ratio Decidendi

The claimant held Brazilian permanent resident status conferring rights and obligations substantially similar to nationals as of the hearing, failed to prove he had lost that status, and failed to establish a well-founded fear of persecution or risk in Brazil; therefore Article 1E applies and he is excluded from protection under the Convention and s.98 IRPA, so his claim is dismissed.

Court Disposition

Claimant excluded under Article 1E of the 1951 Convention; not a Convention refugee nor a person in need of protection under s.98 IRPA; claim dismissed.

Orders

  • Claim dismissed; claimant excluded within the meaning of the Convention