MB8-07111

MB8-07111

At the time of the RPD hearing the appellant held permanent resident status in Brazil that conferred rights similar to Brazilian citizens for an indeterminate period, and the evidence (including credibility findings and documentary record) did not establish a serious possibility of persecution or a failure of state protection in Brazil; therefore Article 1E applies and the appellant is excluded from Convention protection.

Citation
MB8-07111
Parties
Appellant: XXXX XXXX; Intervener: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 February 2019
Procedural Posture
Refugee Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed; appellant excluded under Article 1E and is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Exclusion (article 1 E), State Protection, Persecution Risk, Credibility Findings, Permanent Resident Status, Country of Refuge Analysis
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Convention Exclusion (article 1 E) State Protection Persecution Risk Credibility Findings +2 more

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Parties

XXXX XXXX

Appellant

Minister of Citizenship and Immigration

Intervener

Procedural Posture

Refugee Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether permanent resident status in Brazil excludes the appellant from protection under Article 1E of the Refugee Convention
  2. 2 Whether the appellant faces a serious possibility of persecution in Brazil or lacks state protection
  3. 3 Whether the RPD erred in credibility findings and in assessing documentary evidence regarding state protection

Ratio Decidendi

At the time of the RPD hearing the appellant held permanent resident status in Brazil that conferred rights similar to Brazilian citizens for an indeterminate period, and the evidence (including credibility findings and documentary record) did not establish a serious possibility of persecution or a failure of state protection in Brazil; therefore Article 1E applies and the appellant is excluded from Convention protection.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellant excluded under Article 1E and is neither a Convention refugee nor a person in need of protection

Orders

  • Appeal dismissed
  • RPD decision confirmed