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…
Source excerpt
- 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