MC0-04981

MC0-04981

The adult appellants were properly found to have held Brazilian permanent resident status, voluntarily lost that status by remaining outside Brazil for over two years, failed to demonstrate persecution or a real risk in Brazil, and failed to prove they could not regain entry or residency as parents of a Brazilian child; therefore Article 1E exclusion applies and the appeal is dismissed.

Citation
MC0-04981
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Child (brazilian Citizen): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal Confirming RPD Exclusion Under Article 1 E
Outcome
Appeal dismissed; RPD decision confirmed; adult appellants excluded under Article 1E of the Refugee Convention and are not Convention refugees or persons in need of protection under IRPA s.98; minor appellant's claim rejected.
Legal Topics
Exclusion Article 1 E, Zeng Factors, IRPA Section 98, Guideline 4 (gender Based Claims), Credibility Assessment, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Exclusion Article 1 E Zeng Factors IRPA Section 98 Guideline 4 (gender Based Claims) Credibility Assessment +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Child (brazilian Citizen)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal Confirming RPD Exclusion Under Article 1 E

Legal Issues

  1. 1 Whether adult appellants are excluded from refugee protection under Article 1E/IRPA s.98
  2. 2 Whether appellants could return to Brazil and regain residency/citizenship
  3. 3 Whether appellants established serious possibility of persecution in Brazil or Haiti

Ratio Decidendi

The adult appellants were properly found to have held Brazilian permanent resident status, voluntarily lost that status by remaining outside Brazil for over two years, failed to demonstrate persecution or a real risk in Brazil, and failed to prove they could not regain entry or residency as parents of a Brazilian child; therefore Article 1E exclusion applies and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed; adult appellants excluded under Article 1E of the Refugee Convention and are not Convention refugees or persons in need of protection under IRPA s.98; minor appellant's claim rejected.

Orders

  • Appeal dismissed
  • Determination of the Refugee Protection Division dated February 18, 2020 confirmed