TA9-06956

TA9-06956

The claimants failed to rebut the presumption that the Czech state is capable of providing adequate protection because they produced insufficient and late corroborative evidence, had credibility issues, and the documentary record shows that the Czech authorities have taken concrete measures against extremists and to integrate Roma; therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
TA9-06956
Parties
Principal Claimant: XXXX XXXX; Spouse: XXXX XXXX; Dependent Child: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 April 2011
Procedural Posture
Refugee Protection (irpa Ss.96 97) / Final Decision of Refugee Protection Division (merits Hearing)
Outcome
All claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
State Protection, Persecution Vs. Discrimination, Credibility and Corroboration, Burden of Proof, Roma Minority, Child Asylum Claims
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law State Protection Persecution Vs. Discrimination Credibility and Corroboration Burden of Proof +2 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Spouse

XXXX XXXX

Dependent Child

Procedural Posture

Refugee Protection (irpa Ss.96 97) / Final Decision of Refugee Protection Division (merits Hearing)

Legal Issues

  1. 1 Credibility of claimant and corroborative evidence
  2. 2 Whether discrimination amounted to persecution
  3. 3 Whether claimant rebutted presumption of state protection

Ratio Decidendi

The claimants failed to rebut the presumption that the Czech state is capable of providing adequate protection because they produced insufficient and late corroborative evidence, had credibility issues, and the documentary record shows that the Czech authorities have taken concrete measures against extremists and to integrate Roma; therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

All claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Claims dismissed by Refugee Protection Division (rejection of protection claims under ss.96 and 97 IRPA)