MB8-05677

MB8-05677

The RAD upheld the RPD: the adult appellants were correctly found to be permanent residents of Brazil based on testimony and documentary evidence (CIE and NDP listing); the incidents in Brazil were isolated, did not demonstrate a pattern amounting to persecution or a real risk to life, and did not meet the threshold for Convention refugee status or protection under IRPA s.111(1)(a); therefore the appeal was dismissed.

Citation
MB8-05677
Parties
Appellant; Designated Representative for Minor: XXXX XXXX; Appellant: XXXX XXXX; Appellant (minor): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 December 2018
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Permanent Residency, Well‑founded Fear of Persecution, Exclusion, Credibility, Documentary Evidence
Source Language
English
Immigration Law Refugee Law Nationality Law Permanent Residency Well‑founded Fear of Persecution Exclusion Credibility Documentary Evidence

Case Brief

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Parties

XXXX XXXX

Appellant; Designated Representative for Minor

XXXX XXXX

Appellant

XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the adult appellants are permanent residents of Brazil
  2. 2 Whether the appellants have a well‑founded fear of persecution or a risk to life in Brazil
  3. 3 Whether incidents of harassment and threats amount to persecution

Ratio Decidendi

The RAD upheld the RPD: the adult appellants were correctly found to be permanent residents of Brazil based on testimony and documentary evidence (CIE and NDP listing); the incidents in Brazil were isolated, did not demonstrate a pattern amounting to persecution or a real risk to life, and did not meet the threshold for Convention refugee status or protection under IRPA s.111(1)(a); therefore the appeal was dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division dated January 30, 2018 is confirmed; XXXX XXXX, XXXX XXXX and XXXX XXXX are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act