MB8-00146

MB8-00146

Appellants hold permanent resident status in Brazil with rights essentially similar to Brazilian nationals; therefore they are excluded from Convention protection under Article 1E and section 98 IRPA; the RPD reasonably found that discrimination alleged did not amount to persecution and that state protection was available, so appellants are neither Convention refugees nor persons in need of protection.

Citation
MB8-00146
Parties
Appellant: XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 November 2018
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division; Determination on Exclusion and Protection; Dismissal Under Subsection 111(1) IRPA
Outcome
Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Exclusion Under Article 1 E, Convention Refugee Determination, State Protection, Persecution and Risk Assessment, Credibility Findings
Source Language
English
Immigration Law Refugee Law Administrative Law Exclusion Under Article 1 E Convention Refugee Determination State Protection Persecution and Risk Assessment Credibility Findings

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division; Determination on Exclusion and Protection; Dismissal Under Subsection 111(1) IRPA

Legal Issues

  1. 1 Whether appellants are excluded from refugee protection under Article 1E due to status in Brazil
  2. 2 Whether appellants face a serious possibility of persecution or a risk to life or cruel and unusual treatment in Brazil under sections 96 and 97 IRPA
  3. 3 Whether the presumption of state protection in Brazil has been rebutted

Ratio Decidendi

Appellants hold permanent resident status in Brazil with rights essentially similar to Brazilian nationals; therefore they are excluded from Convention protection under Article 1E and section 98 IRPA; the RPD reasonably found that discrimination alleged did not amount to persecution and that state protection was available, so appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Dismiss the appeal pursuant to subsection 111(1) of the Immigration and Refugee Protection Act; confirm RPD determination that appellants are excluded under Article 1E and section 98 IRPA