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Immigration law MC2-10115

MC2-10115

Court
Refugee Appeal Division

The appeal is dismissed because the Angolan appellants can regain permanent resident status in Brazil via family reunification and have not demonstrated a serious possibility of persecution or a risk under s.97(1) IRPA there; the RPD’s credibility findings regarding threats in Brazil were reasonable; although the RPD should have analyzed risk in Angola, weighing Zeng factors supports application of Article 1E and that application does not breach Canada’s international obligations; the Brazilian appellant similarly failed to establish risk under s.97(1).

Source excerpt

  • Article 1e exclusion
  • Convention refugee
  • Person in need of protection
  • Risk assessment
  • Credibility findings
  • Family reunification
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Immigration law MC1-06821

MC1-06821

Court
Refugee Appeal Division

The appeal is dismissed because the RPD correctly applied the Zeng balancing framework and properly concluded that, notwithstanding prior permanent resident status in Brazil, the appellant voluntarily left Brazil, likely lost his PR status, and failed to establish a serious possibility of persecution or likelihood of serious harm in Angola; no international obligations justified refusing exclusion, therefore Article 1E and s.98 IRPA bar refugee protection.

Source excerpt

  • Article 1e exclusion
  • Safe third country
  • Permanent resident status
  • Burden of proof
  • Credibility vs sufficiency of evidence
  • Procedural fairness
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Immigration law MC0-03186

MC0-03186

Court
Refugee Appeal Division

On the day of the RPD hearing the appellant had previously obtained and had access to permanent resident status in Brazil, left Brazil voluntarily and therefore lost that status by absence, and failed to establish a personalized prospective risk in Haiti; balancing Zeng factors, exclusion under Article 1E applies and removal would not breach Canada’s international obligations.

Source excerpt

  • Article 1e exclusion
  • Permanent resident status
  • Zeng factors
  • Credibility assessment
  • State protection
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Immigration law MB9-27241

MB9-27241

Court
Refugee Appeal Division

The RPD correctly applied the Zeng framework and found the appellant had previously held Brazilian permanent resident status substantially similar to nationals and had lost it by voluntary departure; his allegations of persecution in Brazil were not credible and documentary evidence did not show a serious possibility of persecution; a family reunification visa route existed and the appellant failed to rebut the presumption he could return; therefore he is excluded under Article 1E and not a Convention refugee or person in need of protection.

Source excerpt

  • Article 1e exclusion
  • Zeng factors
  • Permanent resident status
  • Family reunification visa
  • Fear of persecution
  • Standard of review
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Immigration law MC0-04981

MC0-04981

Court
Refugee Appeal Division

The adult appellants were properly found to have held Brazilian permanent resident status, voluntarily lost that status by remaining outside Brazil for over two years, failed to demonstrate persecution or a real risk in Brazil, and failed to prove they could not regain entry or residency as parents of a Brazilian child; therefore Article 1E exclusion applies and the appeal is dismissed.

Source excerpt

  • Exclusion article 1e
  • Zeng factors
  • Irpa section 98
  • Guideline 4 (gender-based claims)
  • Credibility assessment
  • Burden of proof
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Immigration law MB9-23571

MB9-23571

Court
Refugee Appeal Division

Appellant is excluded under Article 1E and s.98 IRPA because credible documentary evidence established prima facie Brazilian permanent resident status conferring rights substantially similar to nationals, the appellant voluntarily lost that status and failed to rebut prima facie evidence or show a real risk if returned to Haiti, so exclusion and rejection of the claim are warranted.

Source excerpt

  • Exclusion clause article 1e
  • Section 98 irpa
  • Third country permanent resident status
  • Zeng factors
  • Credibility and omissions in basis of claim form
  • Procedural fairness
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Immigration law MB9-26560

MB9-26560

Court
Refugee Appeal Division

Appellant is excluded from refugee protection under Article 1E and section 98 IRPA because she voluntarily lost permanent resident status in Brazil, she failed to establish a serious possibility of persecution in Brazil or Haiti, and her credibility was sufficiently undermined that protection was not warranted; although RPD erred about likelihood of administrative recourse to regain Brazilian status, the overall exclusion conclusion is upheld.

Source excerpt

  • Exclusion under article 1e
  • Zeng factors
  • Credibility assessment
  • Country of residence risk
  • Permanent resident status (brazil)
  • Particular social group
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Immigration MB9-30244

MB9-30244

Court
Refugee Appeal Division

The appellant was excluded under Article 1E because he had held Brazilian permanent resident status that afforded rights substantially similar to nationals, he voluntarily lost that status (absence beyond permitted period without acceptable justification), he could not be expected to successfully reinstate status given legal and administrative uncertainty in Brazil, and he failed to prove on a balance of probabilities a credible risk of persecution in Haiti; therefore the RPD's exclusion determination was correct and the appeal was dismissed.

Source excerpt

  • Exclusion under article 1e
  • Convention refugee status
  • Credibility assessment
  • Permanent residence in third country
  • Zeng factors
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Immigration law MB9-28232

MB9-28232

Court
Refugee Appeal Division

The RPD's determination that the appellant is excluded under Article 1E is correct because he obtained permanent resident status in Brazil, had likely lost that status by the date of the RPD hearing due to an absence exceeding two years, and failed to demonstrate that the loss was involuntary or that he faces a serious possibility of persecution in Haiti or that Canada's international obligations require protection; the Zeng factors, credibility findings, and evidence regarding returnability to Brazil support exclusion.

Source excerpt

  • Article 1e exclusion
  • Convention relating to the status of refugees
  • Permanent residence in third country (brazil)
  • Credibility
  • Prospective fear of persecution
  • Zeng factors
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Immigration MB9-26393

MB9-26393

Court
Refugee Appeal Division

The incomplete audio recording omitted approximately 14 minutes (about 38% of the hearing), rendering the record inadequate and resulting in a major breach of procedural fairness; as a result the appeal is allowed and the matter is referred to the RPD for re-determination by a differently constituted panel.

Source excerpt

  • Exclusion under article 1e
  • Audio recording of hearing
  • Natural justice
  • Re-determination
  • Zeng factors
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.