MC2-12762

MC2-12762

Appellants had Brazilian permanent resident status evidenced by PR cards; they had been absent from Brazil for over two years and voluntarily failed to preserve or contest loss of that status; Brazilian permanent residence confers rights substantially similar to nationals and appellants could return or obtain appropriate visa/citizenship via their Brazilian child; there is no serious possibility of persecution on return; therefore appellants are excluded under Article 1E and are not Convention refugees or persons in need of protection under section 98 of the Act.

Citation
MC2-12762
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 December 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal Reasons and Decision (dismissed)
Outcome
Appeal dismissed; RAD confirms RPD decision that appellants are excluded under Article 1E and are neither Convention refugees nor persons in need of protection; minor appellant's claim rejected.
Legal Topics
Exclusion Under Article 1 E, Permanent Resident Status, Voluntary Loss of Status, Persecution, Credibility, Family Reunification Visas, Zeng Test
Source Language
English
Immigration Law Refugee Law International Law Administrative Law Human Rights Exclusion Under Article 1 E Permanent Resident Status Voluntary Loss of Status +4 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal Reasons and Decision (dismissed)

Legal Issues

  1. 1 Whether appellants are excluded under Article 1E of the Refugee Convention due to permanent resident status in Brazil
  2. 2 Whether appellants voluntarily lost Brazilian permanent resident status by remaining outside Brazil for more than two years
  3. 3 Whether appellants face a serious possibility of persecution, torture, risk to life or cruel and unusual treatment on return to Brazil

Ratio Decidendi

Appellants had Brazilian permanent resident status evidenced by PR cards; they had been absent from Brazil for over two years and voluntarily failed to preserve or contest loss of that status; Brazilian permanent residence confers rights substantially similar to nationals and appellants could return or obtain appropriate visa/citizenship via their Brazilian child; there is no serious possibility of persecution on return; therefore appellants are excluded under Article 1E and are not Convention refugees or persons in need of protection under section 98 of the Act.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that appellants are excluded under Article 1E and are neither Convention refugees nor persons in need of protection; minor appellant's claim rejected.

Orders

  • Appeal dismissed
  • Refugee protection claims of principal, associate and minor appellants rejected