1 total
Judicial review of RAD decision dismissed as applicants failed to rebut presumption of state protection.
The applicants, citizens of Haiti, sought judicial review of a decision of the Refugee Appeal Division (RAD) confirming their exclusion from refugee protection under Article 1E of the Refugee Convention.
The RAD and the RPD determined that the applicants had permanent resident status in Brazil and failed to rebut the presumption of state protection in that country.
The Federal Court found the RAD's decision reasonable, noting that the applicants provided only generalized evidence of discrimination against Haitians in Brazil and failed to show they were personally targeted or that the Brazilian state was unable to protect them.
The application for judicial review was dismissed.
