TB5-13436

TB5-13436

On a full appellate assessment the RAD confirmed the RPD: appellants' written and oral evidence contained material contradictions and omissions and they failed to produce clear and convincing evidence to rebut the presumption of state protection in Slovakia, therefore they are not Convention refugees nor persons in need of protection.

Citation
TB5-13436
Parties
Principal Appellant: XXXX XXXX XXXX; Co Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 March 2016
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision RAD Confirms RPD Determination
Outcome
Appeal dismissed; RPD decision of November 10, 2015 confirmed
Legal Topics
State Protection, Credibility Findings, Convention Refugee Status, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law State Protection Credibility Findings Convention Refugee Status 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

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision RAD Confirms RPD Determination

Legal Issues

  1. 1 Whether the Appellants are Convention refugees or persons in need of protection
  2. 2 Whether the RPD's adverse credibility findings were reasonable
  3. 3 Whether the Appellants rebutted the presumption of state protection for Roma in Slovakia

Ratio Decidendi

On a full appellate assessment the RAD confirmed the RPD: appellants' written and oral evidence contained material contradictions and omissions and they failed to produce clear and convincing evidence to rebut the presumption of state protection in Slovakia, therefore they are not Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision of November 10, 2015 confirmed

Orders

  • Appeal dismissed
  • The RAD confirms the RPD determination that the Appellants are not Convention refugees nor persons in need of protection