MC0-09229

MC0-09229

The appeals are dismissed because the adult appellants previously obtained Brazilian permanent residence which they lost voluntarily and they have the right and practical possibility to return to Brazil; their experiences in Brazil did not meet the threshold of persecution and the risk in Haiti is generalized rather than targeted on a Convention ground, so exclusion under Article 1E applies and the minor (Brazilian citizen) is not a Convention refugee or person in need of protection.

Citation
MC0-09229
Parties
Appellant (principal): XXXX XXXX XXXX; Appellant (spouse): XXXX XXXX; Appellant (minor): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 March 2021
Procedural Posture
Refugee Appeal Division Appeal / Reasons and Decision (final)
Outcome
Appeal dismissed; adult appellants excluded under Article 1E of the 1951 Refugee Convention; minor appellant not a Convention refugee or person in need of protection.
Legal Topics
Exclusion Under Article 1 E, Convention Refugee Status, Persecution, Risk Assessment, Third Country Return, State Obligations Under International Law
Source Language
English
Immigration Refugee Law International Law Exclusion Under Article 1 E Convention Refugee Status Persecution Risk Assessment Third Country Return +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 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Appellant (principal)

XXXX XXXX

Appellant (spouse)

XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal Division Appeal / Reasons and Decision (final)

Legal Issues

  1. 1 Whether appellants are excluded under Article 1E of the 1951 Refugee Convention
  2. 2 Whether appellants qualify as Convention refugees or persons in need of protection under ss.96 and 97 of the IRPA
  3. 3 Whether loss of Brazilian permanent residence was voluntary or involuntary

Ratio Decidendi

The appeals are dismissed because the adult appellants previously obtained Brazilian permanent residence which they lost voluntarily and they have the right and practical possibility to return to Brazil; their experiences in Brazil did not meet the threshold of persecution and the risk in Haiti is generalized rather than targeted on a Convention ground, so exclusion under Article 1E applies and the minor (Brazilian citizen) is not a Convention refugee or person in need of protection.

Court Disposition

Appeal dismissed; adult appellants excluded under Article 1E of the 1951 Refugee Convention; minor appellant not a Convention refugee or person in need of protection.