MB2-06119

MB2-06119

Principal claimant: incidents amounted to discrimination but not persecution because they did not produce serious prejudice to core rights or a reasonable fear for future existence. Claimant (spouse): incidents relating to university study amounted to persecution by causing serious restriction of access to education, but Serbia offers adequate state protection and the presumption of state protection was not rebutted by clear and convincing evidence; therefore neither claimant is a Convention refugee or a person in need of protection.

Citation
MB2-06119
Parties
Principal Claimant: XXXX XXXX XXXXXXXXXXXX XXXX; Claimant (spouse): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 January 2015
Procedural Posture
Refugee Protection Claim / Final Decision
Outcome
Refugee protection claims rejected; claimants found neither Convention refugees under section 96 nor persons in need of protection under section 97(1).
Legal Topics
Convention Refugee, Person in Need of Protection, Persecution, State Protection, Discrimination, Credibility
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Persecution State Protection Discrimination +1 more

Case Brief

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Parties

XXXX XXXX XXXXXXXXXXXX XXXX

Principal Claimant

XXXX XXXX

Claimant (spouse)

Procedural Posture

Refugee Protection Claim / Final Decision

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether claimants are persons in need of protection under section 97(1) of the IRPA
  3. 3 Whether alleged discrimination amounts to persecution

Ratio Decidendi

Principal claimant: incidents amounted to discrimination but not persecution because they did not produce serious prejudice to core rights or a reasonable fear for future existence. Claimant (spouse): incidents relating to university study amounted to persecution by causing serious restriction of access to education, but Serbia offers adequate state protection and the presumption of state protection was not rebutted by clear and convincing evidence; therefore neither claimant is a Convention refugee or a person in need of protection.

Court Disposition

Refugee protection claims rejected; claimants found neither Convention refugees under section 96 nor persons in need of protection under section 97(1).

Orders

  • Refugee protection claims of XXXX XXXX XXXXXXXXXXXX XXXX and XXXX XXXX are rejected.