MB8-14943

MB8-14943

The RAD confirmed the RPD's conclusion that the appellant's abandonment of a permanent status in Brazil and failure to seek protection in countries he passed through undermined his credibility and that the risk he faces in Haiti is generalized rather than individualized, and therefore he is not a refugee under s.96 nor a person in need of protection under s.97 IRPA.

Citation
MB8-14943
Parties
Appellant: XXXX XXXX; Intervener: Minister of Public Safety
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 May 2019
Procedural Posture
Refugee Appeal / Decision on Appeal at Refugee Appeal Division
Outcome
appeal dismissed
Legal Topics
Credibility, Generalized Risk Vs Personalized Risk, Abandonment of Foreign Permanent Status, Exclusion Under S.98 IRPA, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Generalized Risk Vs Personalized Risk Abandonment of Foreign Permanent Status Exclusion Under S.98 IRPA Standard of Review

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Parties

XXXX XXXX

Appellant

Minister of Public Safety

Intervener

Procedural Posture

Refugee Appeal / Decision on Appeal at Refugee Appeal Division

Legal Issues

  1. 1 Whether abandonment of permanent resident status abroad and failure to seek protection undermines credibility
  2. 2 Whether appellant faces a personalized risk under s.97 IRPA or only a generalized risk
  3. 3 Whether appellant is excluded under s.98 IRPA due to status abroad

Ratio Decidendi

The RAD confirmed the RPD's conclusion that the appellant's abandonment of a permanent status in Brazil and failure to seek protection in countries he passed through undermined his credibility and that the risk he faces in Haiti is generalized rather than individualized, and therefore he is not a refugee under s.96 nor a person in need of protection under s.97 IRPA.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Refugee Protection Division determination confirmed