TC0-01558

TC0-01558

The appeal is dismissed because the Appellants failed to rebut the presumption of adequate state protection in Barbados on the required standard and the RPD did not breach procedural fairness; the principal Appellant did not exhaust available domestic remedies by pursuing higher-level police authorities and the objective country evidence did not establish inadequate state protection.

Citation
TC0-01558
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 November 2020
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division Reviewing RPD Decision
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
State Protection, Presumption of State Protection, Exhaustion of Domestic Remedies, Procedural Fairness Hearing Management and Disclosure, Country Conditions and Police Corruption
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law State Protection Presumption of State Protection Exhaustion of Domestic Remedies Procedural Fairness Hearing Management and Disclosure +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division Reviewing RPD Decision

Legal Issues

  1. 1 Whether the RPD breached procedural fairness by rushing the hearing and by late documentary disclosure
  2. 2 Whether the Appellants rebutted the presumption of adequate state protection in Barbados
  3. 3 Whether the RPD erred by failing to question why the principal Appellant did not pursue higher police authorities

Ratio Decidendi

The appeal is dismissed because the Appellants failed to rebut the presumption of adequate state protection in Barbados on the required standard and the RPD did not breach procedural fairness; the principal Appellant did not exhaust available domestic remedies by pursuing higher-level police authorities and the objective country evidence did not establish inadequate state protection.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed; RPD determination affirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act