Annie Flamand

The applicant, a citizen of Pakistan and convention refugee, obtained a Pakistani passport and used it to travel to Pakistan five times between 2008 and 2014.

The Minister successfully applied to the Refugee Protection Division (RPD) to cease his refugee protection on the basis that he had reavailed himself of the protection of his home country.

The applicant sought judicial review.

The Federal Court allowed the application, finding the RPD's decision unreasonable.

The RPD failed to meaningfully engage with the applicant's evidence regarding his subjective intent to reavail, specifically his reasons for acquiring the passport and travelling to Pakistan, and his perceived level of risk during short visits, contrary to the Federal Court of Appeal's guidance in Galindo Camayo.

The applicant sought judicial review of a Refugee Appeal Division (RAD) decision dismissing her appeal from the Refugee Protection Division (RPD).

The applicant claimed refugee protection based on threats of extortion made against her brother in Haiti.

The RAD found no objective prospective risk because the criminals did not know the applicant, had never met her, and were unaware of her ties to her brother.

The Federal Court found the RAD's decision reasonable, noting a lack of evidence connecting the applicant to the criminals' interest in her brother.

The applicants sought judicial review of a RAD decision upholding the RPD's determination that they were excluded from refugee protection under s. 98 of the IRPA and Article 1E of the Refugee Convention.

The RAD concluded the female applicant had indeterminate permanent residence in Brazil.

The applicant argued her status in Brazil was temporary, as she had to renew it and had no housing or employment there.

The Federal Court found the RAD reasonably relied on documentary evidence showing Brazilian permanent residence for Haitians is automatically renewed without a requirement to reapply.

The application for judicial review was dismissed.