MB7-16671

MB7-16671

The Panel found the principal claimant not credible on material facts (contradictions and omissions regarding deaths, dates, documents and family whereabouts) and on that basis rejected the claims under sections 96 and 97 of the IRPA; separately, after applying the Zeng factors the Panel concluded the principal claimant was not excluded under Article 1E for a status in Brazil.

Citation
MB7-16671
Parties
Principal Claimant: XXXX XXXX XXXXXXXXXXXX XXXX; Minor Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 June 2019
Procedural Posture
Refugee Protection Claim / Decision (post Hearing)
Outcome
Refugee protection claims rejected; principal claimant found not excluded under Article 1E for status in Brazil
Legal Topics
Article 1 E Exclusion (brazil), Convention Refugee Determination (s.96 Irpa), Person in Need of Protection (s.97 Irpa), Credibility Assessment, Gender Related Persecution
Source Language
English
Immigration Refugee Law Administrative Law Article 1 E Exclusion (brazil) Convention Refugee Determination (s.96 Irpa) Person in Need of Protection (s.97 Irpa) Credibility Assessment Gender Related Persecution

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Parties

XXXX XXXX XXXXXXXXXXXX XXXX

Principal Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision (post Hearing)

Legal Issues

  1. 1 Whether the principal claimant is excluded under Article 1E of the Refugee Convention for status in Brazil
  2. 2 Whether the claimants are Convention refugees under section 96 of the IRPA
  3. 3 Whether the claimants are persons in need of protection under subsection 97(1) of the IRPA

Ratio Decidendi

The Panel found the principal claimant not credible on material facts (contradictions and omissions regarding deaths, dates, documents and family whereabouts) and on that basis rejected the claims under sections 96 and 97 of the IRPA; separately, after applying the Zeng factors the Panel concluded the principal claimant was not excluded under Article 1E for a status in Brazil.

Court Disposition

Refugee protection claims rejected; principal claimant found not excluded under Article 1E for status in Brazil

Orders

  • The refugee protection claims of XXXX XXXX XXXXXXXXXXXX XXXX and XXXX XXXX are rejected.
  • Panel finds no serious reasons to exclude the principal claimant under Article 1E of the Refugee Convention for a status attached to her residence in Brazil.