MB9-14191

MB9-14191

The RAD upheld the RPD: the female appellant voluntarily lost Brazilian permanent resident status, she can return to Brazil through family reunification, her credibility is undermined by significant contradictions and omissions in her written account, she has not established a serious possibility of persecution in Haiti or Brazil nor a risk under s.97 IRPA, and therefore she is excluded under Article 1E and the minors are not Convention refugees or persons in need of protection; applying Article 1E does not breach Canada's international obligations.

Citation
MB9-14191
Parties
Appellant: XXXX XXXXXXXX; Minor Appellant: XXXX XXXX XXXXXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 December 2019
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal dismissed; RPD determination confirmed; female appellant excluded under Article 1E; minor appellants not Convention refugees nor persons in need of protection.
Legal Topics
Article 1 E Exclusion, Credibility Assessment, Risk Assessment, Family Reunification Visa, Women Refugee Guideline
Source Language
English
Immigration Law Refugee Law Administrative Law Article 1 E Exclusion Credibility Assessment Risk Assessment Family Reunification Visa Women Refugee Guideline

Case Brief

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Parties

XXXX XXXXXXXX

Appellant

XXXX XXXX XXXXXXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision

Legal Issues

  1. 1 Applicability of Article 1E exclusion clause
  2. 2 Voluntariness of loss of foreign permanent resident status
  3. 3 Ability to return to country of residence (Brazil)

Ratio Decidendi

The RAD upheld the RPD: the female appellant voluntarily lost Brazilian permanent resident status, she can return to Brazil through family reunification, her credibility is undermined by significant contradictions and omissions in her written account, she has not established a serious possibility of persecution in Haiti or Brazil nor a risk under s.97 IRPA, and therefore she is excluded under Article 1E and the minors are not Convention refugees or persons in need of protection; applying Article 1E does not breach Canada's international obligations.

Court Disposition

Appeal dismissed; RPD determination confirmed; female appellant excluded under Article 1E; minor appellants not Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed
  • RPD determination confirmed