MB9-06893

MB9-06893

The RAD held that the appellant had prima facie permanent resident status in Brazil and rights substantially similar to nationals, left Brazil voluntarily without showing involuntary loss of status, failed to meet the burden of proof on credibility and risk of persecution in Haiti and Brazil, and could likely regain or obtain permanent residence in Brazil; balancing the Zeng factors leads to exclusion under Article 1E and dismissal of the appeal.

Citation
MB9-06893
Parties
Appellant: XXXX XXXX; Appellant (minor): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 February 2020
Procedural Posture
Refugee Protection Appeal (exclusion Under Article 1 E) / Decision of the Refugee Appeal Division Confirming RPD Decision
Outcome
Appeal dismissed; RAD confirms RPD decision
Legal Topics
Article 1 E Exclusion, Permanent Resident Status, Credibility Findings, Risk Assessment Under Ss.96 and 97 IRPA, International Obligations
Source Language
English
Immigration Law Refugee Law Administrative Law Article 1 E Exclusion Permanent Resident Status Credibility Findings Risk Assessment Under Ss.96 and 97 IRPA International Obligations

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Protection Appeal (exclusion Under Article 1 E) / Decision of the Refugee Appeal Division Confirming RPD Decision

Legal Issues

  1. 1 Whether appellant is excluded from refugee protection under Article 1E of the 1951 Convention
  2. 2 Whether the appellant left Brazil voluntarily or as a result of persecution
  3. 3 Whether appellant retained or can regain permanent resident status in Brazil

Ratio Decidendi

The RAD held that the appellant had prima facie permanent resident status in Brazil and rights substantially similar to nationals, left Brazil voluntarily without showing involuntary loss of status, failed to meet the burden of proof on credibility and risk of persecution in Haiti and Brazil, and could likely regain or obtain permanent residence in Brazil; balancing the Zeng factors leads to exclusion under Article 1E and dismissal of the appeal.

Court Disposition

Appeal dismissed; RAD confirms RPD decision

Orders

  • Appeal dismissed as to XXXX XXXX: excluded under Article 1E of the 1951 Convention
  • Appeal dismissed as to XXXX XXXX (minor): not a Convention refugee nor a person in need of protection