MB8-03667

MB8-03667

Prima facie evidence (passport stamp, POE interview statements, objective documentation) established Mr. XXXX's permanent residency in Brazil; he failed to rebut with factual/legal proof and omitted material attacks from his BOC which undermined credibility. For Ms. XXXX, contradictions between testimony and documents and her failure to claim refugee protection in the US without corroboration undermined her credibility. The minor made no separate risk allegations for the US. Therefore the RAD confirms the RPD: appellants are neither Convention refugees nor persons in need of protection.

Citation
MB8-03667
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 January 2019
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (rad Review of RPD Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Refugee Protection, Credibility Findings, Article 1 E Exclusion, Permanent Residence in Third Country, Procedural Fairness
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Credibility Findings Article 1 E Exclusion Permanent Residence in Third Country Procedural Fairness

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

XXXX XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (rad Review of RPD Decision)

Legal Issues

  1. 1 Whether the appellant had permanent resident status in Brazil sufficient to trigger Article 1E exclusion
  2. 2 Whether omissions in the Basis of Claim (BOC) and forms undermined credibility of persecution/harm allegations in Brazil
  3. 3 Whether contradictions in testimony and documentary evidence and failure to claim protection in the US undermined credibility of Haiti-based claims

Ratio Decidendi

Prima facie evidence (passport stamp, POE interview statements, objective documentation) established Mr. XXXX's permanent residency in Brazil; he failed to rebut with factual/legal proof and omitted material attacks from his BOC which undermined credibility. For Ms. XXXX, contradictions between testimony and documents and her failure to claim refugee protection in the US without corroboration undermined her credibility. The minor made no separate risk allegations for the US. Therefore the RAD confirms the RPD: appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; Appellants are neither Convention refugees nor persons in need of protection pursuant to s.111(1)(a) IRPA
  • Designation of representative for the minor remains in effect