MB9-21268

MB9-21268

The RPD correctly applied Zeng: Brazilian permanent resident status confers rights and obligations equivalent to nationality for Article 1E purposes; the principal appellant's testimony about fear of Brazil was not credible; she could return to Brazil via family reunification through her Brazilian-born daughter; the risk of persecution in Brazil does not meet the serious possibility threshold; therefore the principal appellant is excluded from protection under the Act and the RPD was not required to assess risk in Haiti.

Citation
MB9-21268
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 December 2020
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Decision on Exclusion and Risk Assessment
Outcome
Appeals dismissed; principal appellant excluded from protection under the Immigration and Refugee Protection Act; associate appellant not found to face a serious possibility of persecution in Brazil
Legal Topics
Exclusion From Protection, Risk of Persecution Assessment, Article 1 E Convention Interpretation, Family Reunification Visas, Non Refoulement and International Obligations
Source Language
English
Immigration Refugee Law International Law Exclusion From Protection Risk of Persecution Assessment Article 1 E Convention Interpretation Family Reunification Visas Non Refoulement and International Obligations

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division Decision on Exclusion and Risk Assessment

Legal Issues

  1. 1 Whether permanent resident status in Brazil excludes the appellant from refugee protection under the Immigration and Refugee Protection Act and Article 1E of the Refugee Convention
  2. 2 Whether the principal appellant's loss of Brazilian permanent resident status was voluntary
  3. 3 Whether there is a serious possibility of persecution in Brazil on grounds of race or nationality

Ratio Decidendi

The RPD correctly applied Zeng: Brazilian permanent resident status confers rights and obligations equivalent to nationality for Article 1E purposes; the principal appellant's testimony about fear of Brazil was not credible; she could return to Brazil via family reunification through her Brazilian-born daughter; the risk of persecution in Brazil does not meet the serious possibility threshold; therefore the principal appellant is excluded from protection under the Act and the RPD was not required to assess risk in Haiti.

Court Disposition

Appeals dismissed; principal appellant excluded from protection under the Immigration and Refugee Protection Act; associate appellant not found to face a serious possibility of persecution in Brazil

Orders

  • Appeals dismissed.
  • Principal appellant excluded from protection under the Immigration and Refugee Protection Act (Article 1E applied).