MB8-24515

MB8-24515

Appellants had status in Brazil substantially similar to nationals and, having remained outside Brazil for more than two years, lost that status; their departure was voluntary, they failed to establish a serious possibility of persecution or a personalized risk in Haiti on a balance of probabilities, and therefore they are excluded from Convention protection under Article 1E/IRPA s.98; the minor child is not a refugee or person in need of protection and family unity does not alter that legal outcome.

Citation
MB8-24515
Parties
Appellant: XXXX XXXX; Spouse/appellant: XXXX XXXX; Minor Child: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 July 2019
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Reasons and Decision
Outcome
appeal dismissed
Legal Topics
Exclusion Under Article 1 E, Status in Third Country (brazil), Persecution, Credibility Assessment, Family Separation, Best Interests of the Child
Source Language
English
Immigration Refugee Law Administrative Law International Law Exclusion Under Article 1 E Status in Third Country (brazil) Persecution Credibility Assessment +2 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Spouse/appellant

XXXX XXXX

Minor Child

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division Reasons and Decision

Legal Issues

  1. 1 Whether appellants are excluded from Convention protection under Article 1E due to status in Brazil
  2. 2 Whether appellants lost their Brazilian status by absence and whether loss was voluntary
  3. 3 Whether appellants face a risk of persecution in Haiti or Brazil

Ratio Decidendi

Appellants had status in Brazil substantially similar to nationals and, having remained outside Brazil for more than two years, lost that status; their departure was voluntary, they failed to establish a serious possibility of persecution or a personalized risk in Haiti on a balance of probabilities, and therefore they are excluded from Convention protection under Article 1E/IRPA s.98; the minor child is not a refugee or person in need of protection and family unity does not alter that legal outcome.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Adult appellants excluded from Convention protection under Article 1E and IRPA s.98