MA6-06260

MA6-06260

The claimants' evidence, particularly regarding the alleged 2006 attack and police inaction, was found not credible or insufficiently corroborated and, on the evidence including country material, adequate state protection in Poland exists; therefore the claimants failed to prove a serious possibility of persecution on a Convention ground or a need for protection under IRPA.

Citation
MA6-06260
Parties
Claimant: XXXX XXXXX; Claimant: XXXX XXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 May 2007
Procedural Posture
Refugee Protection Claim / Hearing/decision
Outcome
Claims rejected
Legal Topics
Convention Refugee, State Protection, Ethnic Discrimination, Credibility, Well Founded Fear
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Convention Refugee State Protection Ethnic Discrimination Credibility +1 more

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Parties

XXXX XXXXX

Claimant

XXXX XXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Hearing/decision

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether the claimants face persecution on account of their Roma ethnicity
  3. 3 Whether effective state protection is available in Poland

Ratio Decidendi

The claimants' evidence, particularly regarding the alleged 2006 attack and police inaction, was found not credible or insufficiently corroborated and, on the evidence including country material, adequate state protection in Poland exists; therefore the claimants failed to prove a serious possibility of persecution on a Convention ground or a need for protection under IRPA.

Court Disposition

Claims rejected

Orders

  • Claims of XXXX XXXXX, XXXX XXXX XXXXX and XXXX XXXX XXXXX are rejected; not Convention refugees under s.96 IRPA nor persons in need of protection under s.97(1) IRPA