VB8-04558

VB8-04558

The presumption of state protection was not rebutted on the evidence: the RPD reasonably found the risks arose from cohabitation with the spouse and would be mitigated if the Appellants were not living with him; the Divorce Article, though credible, did not add relevant or new material to displace the RPD conclusion; accordingly the Appellants failed to establish Convention refugee status or that they are persons in need of protection.

Citation
VB8-04558
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant (minor): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 March 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (reasons for Decision)
Outcome
Appeals dismissed; RPD decision confirmed
Legal Topics
State Protection, Domestic Violence, Credibility, New Evidence Admissibility, Internal Flight Alternative, Exclusion (article 1 F)
Source Language
English
Immigration Refugee Law Family Law State Protection Domestic Violence Credibility New Evidence Admissibility Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant (minor)

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (reasons for Decision)

Legal Issues

  1. 1 Whether state protection in Vietnam was available and effective
  2. 2 Whether the presumption of state protection was rebutted on the evidence
  3. 3 Admissibility and relevance of post‑RPD country evidence (Divorce Article)

Ratio Decidendi

The presumption of state protection was not rebutted on the evidence: the RPD reasonably found the risks arose from cohabitation with the spouse and would be mitigated if the Appellants were not living with him; the Divorce Article, though credible, did not add relevant or new material to displace the RPD conclusion; accordingly the Appellants failed to establish Convention refugee status or that they are persons in need of protection.

Court Disposition

Appeals dismissed; RPD decision confirmed

Orders

  • Appeals dismissed and RPD decision confirmed pursuant to section 111(1)(a) IRPA