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The Federal Court granted judicial review, finding the RPD unreasonably failed to engage with evidence that the applicants held limited French resident-card status, not permanent residence.
The Federal Court granted judicial review in Sahloul, finding the visa officer’s refusal unreasonable for inadequate reasons and an unsupported “asylum shopping” analysis.
The Federal Court dismissed the judicial review of a RAD refugee decision, holding that the tribunal’s adverse credibility findings were reasonable.
The Federal Court allowed the Minister’s judicial review, finding the RPD unreasonably proceeded to Haiti after concluding the respondents were excluded under Article 1E in relation to Chile.
The Federal Court dismissed judicial review of an Article 1E exclusion finding, holding the RPD’s conclusions on Spanish status, credibility, and risk were reasonable.
The Federal Court dismissed judicial review of a Refugee Appeal Division decision excluding the applicant under Article 1E after finding his Brazilian status was lost voluntarily.
Applying the Zeng framework and performing an independent assessment, the appellant had previously held Brazilian permanent resident status, voluntarily left Brazil and lost that status by prolonged absence; his allegations of risk in Ghana were not credible and objective evidence undermined his claim, and balancing the factors supports exclusion under Article 1E and confirmation of the RPD decision.
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The appellant is excluded under Article 1E and section 98 IRPA because he previously held Brazilian permanent resident status that conferred rights substantially similar to nationals, but he voluntarily lost that status by remaining outside Brazil for over two years and cannot reasonably justify the absence or reacquire status; his testimony was found non‑credible and corroborating documents were given no probative value, and he therefore failed to establish a well‑founded fear of persecution or a risk in Brazil or Haiti, so the RPD decision to exclude and deny protection is within a range of…
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Appellant voluntarily and with sufficient informed consent abandoned US permanent resident status to join family in Canada; RPD correctly applied Article 1E factors (as articulated in Zeng and Wassiq) and concluded exclusion from Convention protection; risk of removal to Syria is presently mitigated by an administrative deferral and, if necessary, a PRRA is the appropriate mechanism to assess risk, so the RAD was not required to find Convention protection.
Source excerpt
The appeal is dismissed because on the balance of probabilities the appellant had held permanent resident status in Brazil that conferred rights substantially similar to nationals, he voluntarily allowed that status to lapse, failed to show a real risk of persecution in Brazil or Haiti, and therefore was correctly excluded under Article 1E of the Refugee Convention and s.98 IRPA.
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