MB9-09865

MB9-09865

The RAD confirmed the RPD: appellants are excluded under Article 1E because they had or had had permanent resident status in Brazil, left voluntarily, failed to establish loss of that status or inability to return, failed to demonstrate a serious possibility of persecution in Brazil or in Haiti (including on gender grounds), and Canada’s international obligations were satisfied; credibility findings and documentary inconsistencies supported exclusion.

Citation
MB9-09865
Parties
Appellants: XXXX XXXX and minor XXXX XXXX XXXX XXXX; Respondent / Intervener: Minister of Public Safety Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 March 2020
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Refugee Appeal Division Decision on Exclusion Under Article 1 E (appeal Dismissed)
Outcome
Appeal dismissed; Refugee Protection Division determination confirmed; appellants excluded under Article 1E of the Refugee Convention
Legal Topics
Exclusion Under Article 1 E of the 1951 Convention, Credibility Assessment, Gender Based Persecution, Safe Third Country / Third Country Permanent Residence, IRPA Sections 96, 97, 98, Voluntary Departure and Loss of Status
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Exclusion Under Article 1 E of the 1951 Convention Credibility Assessment Gender Based Persecution Safe Third Country / Third Country Permanent Residence +2 more

Case Brief

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Parties

XXXX XXXX and minor XXXX XXXX XXXX XXXX

Appellants

Minister of Public Safety Canada

Respondent / Intervener

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Refugee Appeal Division Decision on Exclusion Under Article 1 E (appeal 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 left Brazil voluntarily or involuntarily
  3. 3 Whether appellants could or did take steps to regain or retain status in Brazil and whether return was possible

Ratio Decidendi

The RAD confirmed the RPD: appellants are excluded under Article 1E because they had or had had permanent resident status in Brazil, left voluntarily, failed to establish loss of that status or inability to return, failed to demonstrate a serious possibility of persecution in Brazil or in Haiti (including on gender grounds), and Canada’s international obligations were satisfied; credibility findings and documentary inconsistencies supported exclusion.

Court Disposition

Appeal dismissed; Refugee Protection Division determination confirmed; appellants excluded under Article 1E of the Refugee Convention

Orders

  • Appeal dismissed
  • RPD determination confirming exclusion under Article 1E upheld