VB9-09209

VB9-09209

The Appellants failed to rebut the presumption of state protection by clear and convincing evidence because they made only minimal efforts to seek protection, left Argentina shortly after reporting incidents to police, provided no follow-up, and objective country documentation demonstrates Argentina has functioning institutions capable of providing reasonable protection; therefore the RPD's finding that state protection was available was correct and the appeal is dismissed.

Citation
VB9-09209
Parties
Principal Appellant: XXXX XXXX XXXX; Adult Associate Appellant (spouse): XXXX XXXX XXXX; Adult Associate Appellant (eldest Daughter): XXXX; Minor Associate Appellant: XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 February 2020
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (refugee Appeal Division)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Natural Justice, Ministerial Intervention, Credibility
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Natural Justice Ministerial Intervention Credibility

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Adult Associate Appellant (spouse)

XXXX

Adult Associate Appellant (eldest Daughter)

XXXX XXXX

Minor Associate Appellant

XXXX XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (refugee Appeal Division)

Legal Issues

  1. 1 Whether the Refugee Protection Division breached principles of natural justice/IRB Code of Conduct
  2. 2 Whether the Appellants rebutted the presumption of state protection in Argentina with clear and convincing evidence
  3. 3 Whether the Minister's intervention unfairly affected the fairness of the hearing or the Appellants' credibility

Ratio Decidendi

The Appellants failed to rebut the presumption of state protection by clear and convincing evidence because they made only minimal efforts to seek protection, left Argentina shortly after reporting incidents to police, provided no follow-up, and objective country documentation demonstrates Argentina has functioning institutions capable of providing reasonable protection; therefore the RPD's finding that state protection was available was correct and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed