TB8-30390

TB8-30390

The appeals were dismissed because the appellants failed to rebut the presumption of adequate state protection in Poland; the RPD's conclusion that available state remedies and responses were sufficient was reasonable on the record, appellants' credibility on key incidents was doubtful, and their return to Poland in 2016 without claiming refugee protection undermined a subjective fear of persecution.

Citation
TB8-30390
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 November 2019
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division (rad) / Decision (reasons for Decision Issued November 22, 2019)
Outcome
Appeals dismissed
Legal Topics
State Protection, Persecution Vs Discrimination, Credibility, Country Conditions, Failure to Claim / Re‑availment, Use of Documentary Evidence
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Law State Protection Persecution Vs Discrimination Credibility Country Conditions Failure to Claim / Re‑availment +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division (rad) / Decision (reasons for Decision Issued November 22, 2019)

Legal Issues

  1. 1 Whether state protection in Poland was inadequate/rebutted
  2. 2 Whether discrimination experienced by Roma appellants amounted to persecution
  3. 3 Credibility of the 2017 alleged assaults

Ratio Decidendi

The appeals were dismissed because the appellants failed to rebut the presumption of adequate state protection in Poland; the RPD's conclusion that available state remedies and responses were sufficient was reasonable on the record, appellants' credibility on key incidents was doubtful, and their return to Poland in 2016 without claiming refugee protection undermined a subjective fear of persecution.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed by the Refugee Appeal Division on November 22, 2019