TA4-14628

TA4-14628

The panel found the claimants lacked a credible subjective fear and, on objective analysis, Poland provides effective state protection for Roma; the claimants failed to make determined efforts to seek or exhaust state protection and did not rebut the presumption of protection, therefore they are not Convention refugees nor persons in need of protection under sections 96 and 97 of the IRPA.

Citation
TA4-14628
Parties
Principal Claimant: XXXXX XXXXX; Spouse Claimant: XXXXX XXXXX; Claimant (adult Child): XXXXX XXXXX XXXXX; Claimant (minor): XXXXX XXXXX XXXXX; Designated Representative: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 October 2005
Procedural Posture
Refugee Protection (irpa Sections 96 and 97) / Hearing and Decision by Refugee Protection Division
Outcome
Refugee protection claims rejected; claimants found not to be Convention refugees and not persons in need of protection under sections 96 and 97 of the IRPA
Legal Topics
State Protection, Well Founded Fear, Ethnic Discrimination (roma), Exhaustion of State Remedies, Risk of Torture, Children
Source Language
English
Immigration Refugee Law Human Rights Public International Law Administrative Law State Protection Well Founded Fear Ethnic Discrimination (roma) +3 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Spouse Claimant

XXXXX XXXXX XXXXX

Claimant (adult Child)

XXXXX XXXXX XXXXX

Claimant (minor)

XXXXX XXXXX

Designated Representative

Procedural Posture

Refugee Protection (irpa Sections 96 and 97) / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimants are Convention refugees based on persecution for Roma ethnicity
  2. 2 Whether the claimants have a subjective fear of persecution
  3. 3 Whether there is an objective basis for the fear (well-founded fear)

Ratio Decidendi

The panel found the claimants lacked a credible subjective fear and, on objective analysis, Poland provides effective state protection for Roma; the claimants failed to make determined efforts to seek or exhaust state protection and did not rebut the presumption of protection, therefore they are not Convention refugees nor persons in need of protection under sections 96 and 97 of the IRPA.

Court Disposition

Refugee protection claims rejected; claimants found not to be Convention refugees and not persons in need of protection under sections 96 and 97 of the IRPA

Orders

  • Refugee protection claims dismissed