TC1-22400

TC1-22400

The appeal is dismissed because the Appellants failed to rebut the presumption of adequate state protection for citizens of Poland on the required standard: the objective record contained only localized instances of police misconduct, the Appellants did not make reasonable efforts to seek police protection or allege police as agents of persecution, the post‑decision articles were either not new or not relevant under Singh/Raza, and therefore the RPD reasonably concluded state protection was available.

Citation
TC1-22400
Parties
Principal Appellant: Principal Appellant (XXXX XXXX); Associate Appellant: Associate Appellant (XXXX XXXX)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 May 2022
Procedural Posture
Refugee Protection Appeal / Decision on Appeal
Outcome
Appeal dismissed and RPD decision confirmed
Legal Topics
State Protection, Admissibility of New Evidence, Burden of Proof, Credibility Findings, Convention Refugees, Persons in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Admissibility of New Evidence Burden of Proof Credibility Findings Convention Refugees +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 6 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Principal Appellant (XXXX XXXX)

Principal Appellant

Associate Appellant (XXXX XXXX)

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the Appellants rebutted the presumption of adequate state protection in Poland
  2. 2 Whether newly tendered documentary evidence is admissible (Singh/Raza test)
  3. 3 Whether negative credibility inferences against the Principal Appellant were reasonable

Ratio Decidendi

The appeal is dismissed because the Appellants failed to rebut the presumption of adequate state protection for citizens of Poland on the required standard: the objective record contained only localized instances of police misconduct, the Appellants did not make reasonable efforts to seek police protection or allege police as agents of persecution, the post‑decision articles were either not new or not relevant under Singh/Raza, and therefore the RPD reasonably concluded state protection was available.

Court Disposition

Appeal dismissed and RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed
  • New evidence rejected and not admitted into the record