Date: 201507
Local time of day: 1201-1800
Location: ZZZ.Airport, US
Flight conditions: Mixed
Light: Daylight
Aircraft: B737 Undifferentiated or Other Model
Operator: Air Carrier
Operating under: Part 91
Flight plan: IFR
Mission: Ferry / Re-Positioning
Flight phase: Parked
ATC / advisory: Ramp ZZZ
Aircraft component: Trailing Edge Flap
Component problem: Malfunctioning
Reporter organization: Air Carrier
Reporter function: Captain
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Training / Qualification; Workload; Communication Breakdown; Confusion; Distraction; Time Pressure
Anomaly: Aircraft Equipment Problem Less Severe; Deviation / Discrepancy - Procedural Maintenance; Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural FAR
Detector: Person Flight Crew
When detected: Pre-flight
Result: Aircraft Aircraft Damaged; General Release Refused / Aircraft Not Accepted; General Work Refused; General Maintenance Action
Contributing factors: Procedure; Aircraft; Chart Or Publication
Primary problem: Procedure

Narrative: Our third day of a three-day trip started in Airport ZZZ1 at before sunrise local time. As the day progressed; we experienced multiple issues including weather reroutes; mechanical issues; airplane swaps; multiple MELs and a scheduling reroute. After dealing with the issues in Airport ZZZ; we were about one hour late arriving. Our trip now included ferrying an airplane to Airport ZZZ2 then deadheading back to ZZZ. We proceeded to Gate XX; a non-Company gate; and were informed the plane had been there since XX. Inside of the logbook included a maintenance form authorizing a ferry flight to ZZZ2 for a Phase 2 inspection because of a flap 1 overspeed. There were multiple write-ups in the logbook including the flap 1 overspeed of 265 knots; a hydraulic leak from the #2 slat; replacement of the #2 slat actuator and inspection for the ferry flight.I performed the exterior preflight inspection and found a 1.5 by .75 inch hole torn in the right inboard trailing edge flap panel. We informed Operations and called Dispatch and Maintenance Control. After I sent a picture of the hole to Maintenance Control the flight was put on hold. No one could believe that this defect was missed during the inspection for the ferry to ZZZ2. At least four people involved with inspecting the plane all missed the obvious hole. The situation was now starting to put me into the yellow and I expressed my concerns about the airworthiness of the plane. I was told that if Maintenance Engineering found a fix; then everything was airworthy and good to go.We went back to the plane to await word from the Maintenance Control. Customer Service informed us that Contract Maintenance was called to look at hole. The Contract Mechanic that did the original inspection was very concerned that the hole was missed and he was unsure what was going to happen next because of the very limited resources of their small operation. This concerned us as well and did not help to head me out of the yellow. After discussing it with the FO; we both felt very uncomfortable with how the plane had been inspected for the ferry flight and believe another inspection might be warranted. No one involved now could even give us a time frame or plan for what we were going to do. I called the Operations again to try to get our concerns across and try to get some idea of plans because our difficult day was getting longer. With no real plan; I was told to call Scheduling. I was deep in the yellow now and was told that if the plane was repaired and we were legal; then we were going to ZZZ2 or we were fatigued. At that point I was too tired and unsure of the airworthiness of the plane to continue. The FO and I declared ourselves fatigued and we were put on deadheads to ZZZ1.I believe that the crew that did not retract the flaps out [on departure] should have returned due to the very serious nature of a 265 knot speed with the flaps and slats extended. A return to [the departure airport] also would have allowed our Maintenance crews to inspect the plane first for the ferry to ZZZ2. Also; if a defect is missed; especially the inboard trailing edge flap panel; then a new inspection might help convince the crew tasked with the operation that everything is airworthy.




Synopsis: A B737 prepared for a maintenance ferry flight with a permit; was ready for an incoming crew to depart on arrival. During the preflight walk around a 1.5 by .75 inch tear was discovered in a trailing edge flap. The aircraft was not accepted by the fatigued crew.