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Immigration law MB9-29757

MB9-29757

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…

  • Exclusion under article 1e of the refugee convention
  • Permanent resident status of third country
  • Credibility assessment
  • Procedural fairness
  • Zeng factors
  • Probative value of documentary evidence
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Immigration MA6-08455

MA6-08455

The tribunal found on the balance of probabilities that the claimant would not, at the date of the hearing, have been admitted to the US with status substantially similar to US nationals because she had effectively abandoned her US permanent residence; however, after applying the Zeng balancing test and considering her reasons for loss of status (domestic violence, trauma, lack of knowledge and credible fear), the objective risk of persecution in Afghanistan, and lack of state protection or viable internal flight alternative, the Minister failed to justify exclusion under Article 1E and the c…

  • Article 1e exclusion
  • Permanent resident status of third country
  • Gender based persecution
  • State protection
  • Internal flight alternative
  • Zeng test
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