Citizenship and Immigration
Status in Canada
Persons in Need of Protection
Judicial review of decision by Refugee Protection Division (RPD) of Immigration and Refugee Board rejecting applicants’ claims for protection on basis state protection available for claimants in Brazil—RPD also stating applicants lacked subjective fear because of delay in making claim—RPD not addressing whether legislative changes have resulted in meaningful protection for homosexuals in Brazil—Also not addressing contradictory evidence demonstrating state protection in Brazil inadequate—RPD misstated law when said claimants required to approach internal avenues of protection before seeking international protection—Analysis of state protection—RPD’s state protection determination unreasonable—Conclusion applicants lacked subjective fear not based on evidence—Application allowed.
Melo v. Canada (Minister of Citizenship and Immigration) (IMM-848-07, 2008 FC 150, Campbell J., order dated February 4, 2008, 9 pp.)