MC0-03186

MC0-03186

On the day of the RPD hearing the appellant had previously obtained and had access to permanent resident status in Brazil, left Brazil voluntarily and therefore lost that status by absence, and failed to establish a personalized prospective risk in Haiti; balancing Zeng factors, exclusion under Article 1E applies...

Source-derived case information.

Citation
MC0-03186
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 April 2021
Procedural Posture
Refugee Protection Appeal / Reasons for Decision by RAD Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed; appellant excluded from protection under the Convention
Legal Topics
Article 1 E Exclusion, Permanent Resident Status, Zeng Factors, Credibility Assessment, State Protection
Source Language
english
Immigration Law Refugee Law International Law Article 1 E Exclusion Permanent Resident Status Zeng Factors Credibility Assessment State Protection

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Parties

XXXX XXXX

Person Who Is the Subject of the Appeal

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Appeal / Reasons for Decision by RAD Confirming RPD Decision

Legal Issues

  1. 1 Whether appellant had status in Brazil substantially similar to nationals
  2. 2 Whether appellant previously had or had access to permanent resident status and lost or failed to acquire it
  3. 3 Whether appellant's departure from Brazil was voluntary or involuntary

Ratio Decidendi

On the day of the RPD hearing the appellant had previously obtained and had access to permanent resident status in Brazil, left Brazil voluntarily and therefore lost that status by absence, and failed to establish a personalized prospective risk in Haiti; balancing Zeng factors, exclusion under Article 1E applies and removal would not breach Canada’s international obligations.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellant excluded from protection under the Convention

Orders

  • Appeal dismissed
  • RPD decision confirmed