TB6-07989

TB6-07989

RAD confirmed the RPD: appellants failed to rebut the presumption of state protection on a balance of probabilities and lacked credible evidence for key allegations (broken leg 2002 and sterilization); country evidence shows Slovakia is a functioning democracy taking measures to combat anti-Roma discrimination, so appeal is dismissed.

Citation
TB6-07989
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX; Co Appellant: XXXX (XXXX) XXXX; Minor Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Counsel for Appellants: D. Clifford Luyt; Counsel for the Minister: N/A
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 August 2016
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division (rad) From Refugee Protection Division Decision
Outcome
Appeal dismissed; RAD confirms RPD decision that appellants are not Convention refugees nor persons in need of protection
Legal Topics
State Protection, Credibility, Standard of Review, Ethnic Discrimination (roma), Forced Sterilization Allegation
Source Language
English
Immigration Refugee Law Administrative Law Human Rights State Protection Credibility Standard of Review Ethnic Discrimination (roma) +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX

Principal Appellant

XXXX (XXXX) XXXX

Co Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Minor Appellants

XXXX XXXX

Designated Representative

D. Clifford Luyt

Counsel for Appellants

N/A

Counsel for the Minister

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division (rad) From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether appellants are Convention refugees or persons in need of protection
  2. 2 Whether appellants rebutted presumption of state protection
  3. 3 Assessment of credibility of alleged incidents

Ratio Decidendi

RAD confirmed the RPD: appellants failed to rebut the presumption of state protection on a balance of probabilities and lacked credible evidence for key allegations (broken leg 2002 and sterilization); country evidence shows Slovakia is a functioning democracy taking measures to combat anti-Roma discrimination, so appeal is dismissed.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that appellants are not Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated April 18, 2016 confirmed