TA8-20470

The claims fail because the Board disbelieved the claimants' accounts due to serious discrepancies and omissions and, on the documentary record, the Czech Republic provides adequate state protection for Roma; therefore claimants did not prove a serious possibility of persecution on a Convention ground nor a s.97 risk.

Citation: TA8-20470
Parties: Male Claimant: XXXXX XXXXX; Female Claimant: XXXXX XXXXX XXXXX; Minor Claimant (son): XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 5 October 2010
Procedural Posture: Refugee Protection Claim Under IRPA / Decision After Hearing (reasons and Decision)
Outcome: Claims rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics: State Protection, Convention Refugee Determination, Credibility Findings, Risk of Torture/serious Harm, Minor Derivative Claim
Source Language: English

Immigration Refugee Law Human Rights Ethnic Discrimination Administrative Law State Protection Convention Refugee Determination Credibility Findings +2 more

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Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

XXXXX XXXXX

Male Claimant

XXXXX XXXXX XXXXX

Female Claimant

XXXXX XXXXX XXXXX

Minor Claimant (son)

Procedural Posture

Refugee Protection Claim Under IRPA / Decision After Hearing (reasons and Decision)

Legal Issues

1 Whether claimants face persecution on a Convention ground
2 Whether claimants rebutted presumption of state protection
3 Credibility and consistency of claimants' evidence

Ratio Decidendi

Court Disposition

Claims rejected; claimants are not Convention refugees or persons in need of protection