The applicant, a citizen of Haiti who resided in Brazil before coming to Canada, applied for judicial review of a decision by the Refugee Appeal Division confirming her exclusion from refugee protection under Article 1E of the Convention.
The Court found that the RAD's determination that the applicant had permanent resident status in Brazil was reasonable.
While the RAD's subsequent risk analysis regarding Brazil was problematic, it was unnecessary and not determinative, as a risk assessment is not required once an individual is found to be excluded under Article 1E.
The application for judicial review was dismissed.
