TB5-10827

TB5-10827

RAD confirmed RPD: appellants are excluded from refugee protection under s.98 IRPA and Article 1E because they previously had residency status in Honduras substantially similar to nationals, lost that status voluntarily by remaining outside Honduras for more than 12 months without adequate efforts to renew or restore it, credibility findings supporting this were reasonable, and the risk from criminal gangs is generalized rather than personalized so adequate state protection or alternatives make refugee protection inappropriate.

Citation
TB5-10827
Parties
Principal Appellant: XXXX XXXX XXXX; Female Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 December 2015
Procedural Posture
Refugee Protection Appeal / Refugee Appeal Division Decision (rad Confirmation/dismissal)
Outcome
Appeals dismissed; RAD confirms RPD decision that appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Exclusion Under Article 1 E, State Protection, Credibility Findings, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Exclusion Under Article 1 E State Protection Credibility Findings Standard of Review

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Female Appellant

Procedural Posture

Refugee Protection Appeal / Refugee Appeal Division Decision (rad Confirmation/dismissal)

Legal Issues

  1. 1 What is the applicable standard of review?
  2. 2 Whether the appellants are excluded from refugee protection under s.98 IRPA and Article 1E
  3. 3 Whether adequate state protection exists in Honduras for the appellants

Ratio Decidendi

RAD confirmed RPD: appellants are excluded from refugee protection under s.98 IRPA and Article 1E because they previously had residency status in Honduras substantially similar to nationals, lost that status voluntarily by remaining outside Honduras for more than 12 months without adequate efforts to renew or restore it, credibility findings supporting this were reasonable, and the risk from criminal gangs is generalized rather than personalized so adequate state protection or alternatives make refugee protection inappropriate.

Court Disposition

Appeals dismissed; RAD confirms RPD decision that appellants are neither Convention refugees nor persons in need of protection.