MB8-03266

MB8-03266

The RAD found the VIPER visas conferred permanent resident status in Brazil that grants rights substantially similar to nationals; therefore Article 1E applies and the appellant and daughter are excluded from refugee protection under s.98 IRPA. The RAD also dismissed the appeal regarding the son because he is a Brazilian citizen and raised no credible fear. The late redacted Minister's letter (Exhibit P-2) was inadmissible for lack of authorization and did not alter the result.

Citation
MB8-03266
Parties
Appellant: XXXX XXXX; Subject (daughter): XXXX XXXX XXXX; Subject (son): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 June 2019
Procedural Posture
Appeal to Refugee Appeal Division / Reasons and Decision (appeal Dismissed)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Exclusion Under Article 1 E, Permanent Resident Status (brazil VIPER Visa), Prima Facie Evidence, Standard of Review, Refugee Protection
Source Language
English
Immigration Refugee Law Administrative Law Exclusion Under Article 1 E Permanent Resident Status (brazil VIPER Visa) Prima Facie Evidence Standard of Review Refugee Protection

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Subject (daughter)

XXXX XXXX XXXX

Subject (son)

Procedural Posture

Appeal to Refugee Appeal Division / Reasons and Decision (appeal Dismissed)

Legal Issues

  1. 1 admissibility of Minister's letter (Exhibit P-2)
  2. 2 whether VIPER visa conferred permanent residence in Brazil
  3. 3 application of Article 1E exclusion of the Refugee Convention

Ratio Decidendi

The RAD found the VIPER visas conferred permanent resident status in Brazil that grants rights substantially similar to nationals; therefore Article 1E applies and the appellant and daughter are excluded from refugee protection under s.98 IRPA. The RAD also dismissed the appeal regarding the son because he is a Brazilian citizen and raised no credible fear. The late redacted Minister's letter (Exhibit P-2) was inadmissible for lack of authorization and did not alter the result.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) IRPA
  • Findings of RPD confirmed that XXXX XXXX and XXXX XXXX XXXX are excluded under Article 1E of the Refugee Convention and are not Convention refugees nor persons in need of protection under s.98 IRPA