TB6-09959

TB6-09959

The RAD confirmed the RPD because the appellants failed to rebut the presumption of state protection for Slovakia on a balance of probabilities and had significant omissions in their Basis of Claim undermining credibility; country evidence showed the Slovak Republic is a functioning democracy taking concrete steps to protect Roma, so state protection is available and the refugee claim fails.

Citation
TB6-09959
Parties
Principal Appellant: XXXX XXXX XXXX; Co Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 November 2016
Procedural Posture
Refugee Appeal / Decision on Appeal (rad) Confirming Rpd)
Outcome
Appeal dismissed; RPD decision of June 29, 2016 confirmed
Legal Topics
Credibility, State Protection, Persecution, Ethnic Discrimination (roma), Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility State Protection Persecution Ethnic Discrimination (roma) Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Co Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal (rad) Confirming Rpd)

Legal Issues

  1. 1 Whether RPD erred in credibility findings
  2. 2 Whether incidents alleged amount to persecution
  3. 3 Whether state protection in Slovakia is available and effective

Ratio Decidendi

The RAD confirmed the RPD because the appellants failed to rebut the presumption of state protection for Slovakia on a balance of probabilities and had significant omissions in their Basis of Claim undermining credibility; country evidence showed the Slovak Republic is a functioning democracy taking concrete steps to protect Roma, so state protection is available and the refugee claim fails.

Court Disposition

Appeal dismissed; RPD decision of June 29, 2016 confirmed

Orders

  • The RAD confirms the RPD determination that the Appellants are not Convention refugees or persons in need of protection
  • Appeal dismissed