MB8-08804

MB8-08804

The RAD dismissed the appeal and confirmed that the appellants are excluded under Article 1E of the 1951 Refugee Convention and are not Convention refugees or persons in need of protection; although the RAD found the RPD erred in part regarding a credibility finding based on a chance meeting and in aspects of IFA...

Source-derived case information.

Citation
MB8-08804
Parties
Appellant: XXXX XXXX; Co Appellant: XXXX XXXX XXXX XXXX XXXX; Minor Child: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 May 2019
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Article 1 E Exclusion, Credibility, State Protection, Internal Flight Alternative, Persecution, Discrimination, Minor Protection
Source Language
english
Immigration Law Refugee Law Administrative Law Article 1 E Exclusion Credibility State Protection Internal Flight Alternative Persecution +2 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX XXXX XXXX

Co Appellant

XXXX XXXX XXXX

Minor Child

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision (reasons for Decision)

Legal Issues

  1. 1 Credibility of appellants' testimony
  2. 2 Availability of state protection in Brazil
  3. 3 Viability of an internal flight alternative (IFA) within Brazil

Ratio Decidendi

The RAD dismissed the appeal and confirmed that the appellants are excluded under Article 1E of the 1951 Refugee Convention and are not Convention refugees or persons in need of protection; although the RAD found the RPD erred in part regarding a credibility finding based on a chance meeting and in aspects of IFA analysis, it upheld that Brazil offers state protection and that the alleged discriminatory incidents do not rise to persecution, and concluded the minor child faces no serious possibility of persecution in Brazil.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed: XXXX XXXX and spouse are excluded under Article 1E and are not Convention refugees or persons in need of protection.
  • Appeal dismissed and RPD decision confirmed: minor child XXXX XXXX XXXX is not a Convention refugee or a person in need of protection.