VC1-03480

VC1-03480

The appeal is dismissed because the Appellants failed to rebut the presumption that the UK provides operationally adequate state protection; they did not exhaust reasonable UK remedies (including court orders and oversight complaints), and the UK's compliance with the Hague Convention and refusal to issue emergency travel documents without proper legal authorization is not persecutory or evidence of inability to protect.

Citation
VC1-03480
Parties
Principal Appellant: XXXX XXXX; Minor Appellant (age 12): XXXX XXXX; Minor Appellant (age 11): XXXX XXXX; Minor Appellant (age 15): XXXX XXXX; Respondent Minister: Minister (Canada); Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 November 2021
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal (reasons for Dismissal)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Hague Convention, Exhaustion of Local Remedies, Gender Based Violence, Convention Refugee Determination, Operational Adequacy of State Protection
Source Language
English
Immigration and Refugee Law Refugee Protection International Child Abduction Family Law State Protection Hague Convention Exhaustion of Local Remedies Gender Based Violence +2 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant (age 12)

XXXX XXXX

Minor Appellant (age 11)

XXXX XXXX

Minor Appellant (age 15)

Minister (Canada)

Respondent Minister

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal (reasons for Dismissal)

Legal Issues

  1. 1 Whether the Appellants are Convention refugees or persons in need of protection
  2. 2 Whether the United Kingdom provides operationally adequate state protection to the Appellants
  3. 3 Whether the Appellants exhausted available UK protection remedies

Ratio Decidendi

The appeal is dismissed because the Appellants failed to rebut the presumption that the UK provides operationally adequate state protection; they did not exhaust reasonable UK remedies (including court orders and oversight complaints), and the UK's compliance with the Hague Convention and refusal to issue emergency travel documents without proper legal authorization is not persecutory or evidence of inability to protect.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; Appellants are neither Convention refugees nor persons in need of protection