TA9-03705

TA9-03705

The Panel found the claimants failed, on a balance of probabilities, to rebut the presumption of state protection with clear and convincing evidence and had significant credibility gaps; documentary country evidence showed the Czech Republic is a functioning democracy taking measures against extremism and to assist Roma, therefore protection would be reasonably forthcoming and the refugee claims fail.

Citation
TA9-03705
Parties
Principal Claimant: XXXX XXXX XXXX; Co Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 September 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)
Outcome
Refugee Protection Division rejects the claims of the principal claimant, co-claimant and minor claimants; no refugee protection or need for protection found.
Legal Topics
State Protection, Persecution, Credibility, Roma Discrimination, Gender Based Violence
Source Language
English
Immigration Law Refugee Law Human Rights Law State Protection Persecution Credibility Roma Discrimination Gender Based Violence

Case Brief

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Co Claimant

XXXX XXXX XXXX

Minor Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants are Convention refugees or persons in need of protection
  2. 2 Whether state protection is available and reasonably forthcoming in the Czech Republic
  3. 3 Whether claimants exhausted domestic remedies and rebutted presumption of state protection

Ratio Decidendi

The Panel found the claimants failed, on a balance of probabilities, to rebut the presumption of state protection with clear and convincing evidence and had significant credibility gaps; documentary country evidence showed the Czech Republic is a functioning democracy taking measures against extremism and to assist Roma, therefore protection would be reasonably forthcoming and the refugee claims fail.

Court Disposition

Refugee Protection Division rejects the claims of the principal claimant, co-claimant and minor claimants; no refugee protection or need for protection found.