MB9-15961

MB9-15961

The RAD confirmed the RPD: on the balance of probabilities the adult Haitian appellants were excluded under Article 1E because prima facie they had been granted Brazilian permanent resident status which conferred rights substantially similar to Brazilian nationals, they had likely lost that status through absence of over two years (voluntary departure), they could return to Brazil and pursue restoration or obtain citizenship via their Brazilian child, and they failed to establish a real risk of persecution in Haiti or Brazil; the minor, as a Brazilian citizen, is neither a Convention refugee nor a person in need of protection.

Citation
MB9-15961
Parties
Appellant: XXXX XXXX; Appellant (minor): XXXX XXXX XXXX; Intervenor: Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 January 2020
Procedural Posture
Refugee Protection Appeal / Appeal Heard by Refugee Appeal Division (rad) Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Exclusion Under Article 1 E of the Refugee Convention, Status in Third Country (permanent Residence), Burden of Proof, Credibility Assessment, Zeng Factors, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law International Law Exclusion Under Article 1 E of the Refugee Convention Status in Third Country (permanent Residence) Burden of Proof Credibility Assessment Zeng Factors +1 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant (minor)

Minister of Immigration, Refugees and Citizenship

Intervenor

Procedural Posture

Refugee Protection Appeal / Appeal Heard by Refugee Appeal Division (rad) Confirming RPD Decision

Legal Issues

  1. 1 Whether appellants are excluded under Article 1E of the Refugee Convention due to status in Brazil
  2. 2 Whether appellants had status substantially similar to Brazilian nationals
  3. 3 Whether appellants lost or abandoned such status and whether loss was voluntary

Ratio Decidendi

The RAD confirmed the RPD: on the balance of probabilities the adult Haitian appellants were excluded under Article 1E because prima facie they had been granted Brazilian permanent resident status which conferred rights substantially similar to Brazilian nationals, they had likely lost that status through absence of over two years (voluntary departure), they could return to Brazil and pursue restoration or obtain citizenship via their Brazilian child, and they failed to establish a real risk of persecution in Haiti or Brazil; the minor, as a Brazilian citizen, is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Haitian appellants excluded under Article 1E of the Refugee Convention pursuant to IRPA