TA8-07234

TA8-07234

On a balance of probabilities the claimants failed to rebut the presumption of state protection with clear and convincing evidence; documentary and country evidence demonstrated that the Czech Republic and Slovak Republic have functioning institutions, remedial mechanisms and measures addressing discrimination and forced sterilization, therefore state protection would be reasonably forthcoming and the claims are rejected.

Citation
TA8-07234
Parties
Principal Claimant; Designated Representative of Minor Claimants: XXXXXXX XXXXX; Co Claimant (spouse): XXXXXXXX XXXXXXX; Minor Claimant: XXXXXXXX XXXXXXX; Minor Claimant: XXXXXX XXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 July 2011
Procedural Posture
Refugee Protection Claim (irpa Ss.96,97) / Decision (refused)
Outcome
Refugee Protection Division rejects the claims of all claimants; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
State Protection, Forced Sterilization, Roma Ethnicity, Burden of Proof, Credibility and Identity, Police Misconduct
Source Language
English
Refugee Law Immigration Law Human Rights Administrative Law Anti Discrimination Law State Protection Forced Sterilization Roma Ethnicity +3 more

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Parties

XXXXXXX XXXXX

Principal Claimant; Designated Representative of Minor Claimants

XXXXXXXX XXXXXXX

Co Claimant (spouse)

XXXXXXXX XXXXXXX

Minor Claimant

XXXXXX XXXXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97) / Decision (refused)

Legal Issues

  1. 1 Whether claimants are Convention refugees or persons in need of protection
  2. 2 Whether state protection was available and reasonably forthcoming in the Czech Republic and Slovak Republic
  3. 3 Allegation of forced sterilization of the co-claimant and availability of effective remedies

Ratio Decidendi

On a balance of probabilities the claimants failed to rebut the presumption of state protection with clear and convincing evidence; documentary and country evidence demonstrated that the Czech Republic and Slovak Republic have functioning institutions, remedial mechanisms and measures addressing discrimination and forced sterilization, therefore state protection would be reasonably forthcoming and the claims are rejected.

Court Disposition

Refugee Protection Division rejects the claims of all claimants; claimants are not Convention refugees and are not persons in need of protection

Orders

  • The Refugee Protection Division rejects the refugee protection claims of the principal claimant, co-claimant and both minor claimants.