TB5-02789

The RAD confirmed the RPD's finding that the Appellants failed to rebut the presumption of state protection in Argentina with clear and convincing evidence; consequently they are neither Convention refugees nor persons in need of protection and the appeals are dismissed under s.111(1)(a) IRPA.

Citation: TB5-02789
Parties: Appellant: XXXX XXXX
Court: Refugee Appeal Division
Jurisdiction: Canada
Judgment Date: 17 June 2015
Procedural Posture: Refugee Appeal to Refugee Appeal Division / Decision on Appeal Dismissal
Outcome: Appeals dismissed; decision of the RPD confirmed that the Appellants are neither Convention refugees nor persons in need of protection.
Legal Topics: State Protection, Exclusion Under Article 1 E, Standard of Review, Credibility Assessment, Generalized Versus Personal Risk
Source Language: English

Immigration Law Refugee Law Administrative Law State Protection Exclusion Under Article 1 E Standard of Review Credibility Assessment Generalized Versus Personal Risk

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2

Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal Dismissal

Legal Issues

1 Whether the Appellants are Convention refugees
2 Whether the Appellants are persons in need of protection
3 Whether the Appellants are excluded under Article 1E of the Refugee Convention

Ratio Decidendi

Court Disposition

Appeals dismissed; decision of the RPD confirmed that the Appellants are neither Convention refugees nor persons in need of protection.

Orders

Confirm decision of the Refugee Protection Division
Dismiss appeals of the Appellants