MB9-07906

MB9-07906

The RPD correctly applied the Zeng criteria and concluded appellants are excluded from refugee protection under Article 1E because they acquired Brazilian permanent resident status, left Brazil voluntarily and did not seek to maintain or reinstate that status; the evidence does not establish a serious possibility of persecution in Brazil or Haiti by reason of race or nationality; best interests/separation of the child are not grounds for refugee protection, therefore the appeals are dismissed.

Citation
MB9-07906
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 October 2019
Procedural Posture
Refugee Protection Appeal / Decision of the Refugee Appeal Division
Outcome
Appeals dismissed
Legal Topics
Exclusion Under Article 1 E of the Refugee Convention, Persecution Risk by Reason of Race or Nationality, Best Interests of the Child, Credibility and Weight of Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Exclusion Under Article 1 E of the Refugee Convention Persecution Risk by Reason of Race or Nationality Best Interests of the Child Credibility and Weight of Evidence

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Decision of the Refugee Appeal Division

Legal Issues

  1. 1 Whether appellants are excluded from refugee protection under Article 1E due to acquisition of Brazilian permanent resident status
  2. 2 Whether appellants face a serious possibility of persecution in Brazil or Haiti by reason of race or nationality
  3. 3 Whether potential separation of the minor child from her parents is a relevant factor in a refugee protection claim

Ratio Decidendi

The RPD correctly applied the Zeng criteria and concluded appellants are excluded from refugee protection under Article 1E because they acquired Brazilian permanent resident status, left Brazil voluntarily and did not seek to maintain or reinstate that status; the evidence does not establish a serious possibility of persecution in Brazil or Haiti by reason of race or nationality; best interests/separation of the child are not grounds for refugee protection, therefore the appeals are dismissed.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed