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Judicial review of RAD decision upholding exclusion under Article 1E due to permanent residency in Brazil dismissed.
The applicant sought judicial review of a Refugee Appeal Division (RAD) decision dismissing his appeal and upholding a determination that he was not a Convention refugee.
The RAD found the applicant was excluded under Article 1E of the Refugee Convention because he held permanent resident status in Brazil when he claimed protection in Canada.
The applicant argued his status in Brazil could be revoked due to his divorce.
The Federal Court found the RAD's decision reasonable, holding the evidence did not show his permanent residency had been revoked.
Furthermore, the applicant failed to present convincing evidence rebutting the presumption of state protection in Brazil from his former in-laws.
Judicial review dismissed; RAD's finding of a viable internal flight alternative was reasonable.
The applicants sought judicial review of a decision by the Refugee Appeal Division rejecting their refugee claims on the basis that they had a viable internal flight alternative in India.
The Federal Court found the decision reasonable, noting that the applicants failed to establish a serious risk of persecution outside Punjab or that it would be objectively unreasonable to relocate.
The application for judicial review was dismissed.
