TA9-11318

TA9-11318

The Board rejected the claims because the claimants failed to prove, on a balance of probabilities with clear and convincing evidence, that adequate state protection would not be reasonably forthcoming in the Czech Republic; objective country evidence and case-specific documentation showed available legal remedies, prosecutions of perpetrators, and governmental and NGO initiatives to protect Roma, so the presumption of state protection was not rebutted.

Citation
TA9-11318
Parties
Claimant: XXXXX XXXXX; Common Law Spouse: XXXXX XXXXX; Minor Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 November 2011
Procedural Posture
Refugee Protection RPD Claim Under IRPA / Decision Following Hearing (reasons and Decision)
Outcome
Claims rejected
Legal Topics
State Protection, Race/ethnicity (roma), Police Misconduct, Hate Motivated Violence, Country Conditions, Exhaustion of Remedies, Credibility and Evidence
Source Language
English
Immigration and Refugee Protection Refugee Law Human Rights Administrative Law Anti Discrimination Law State Protection Race/ethnicity (roma) Police Misconduct +4 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX

Common Law Spouse

XXXXX XXXXX

Minor Claimant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimants are Convention refugees or persons in need of protection
  2. 2 Whether adequate state protection would be reasonably forthcoming in the Czech Republic
  3. 3 Whether the claimants exhausted or took reasonable steps to seek state protection

Ratio Decidendi

The Board rejected the claims because the claimants failed to prove, on a balance of probabilities with clear and convincing evidence, that adequate state protection would not be reasonably forthcoming in the Czech Republic; objective country evidence and case-specific documentation showed available legal remedies, prosecutions of perpetrators, and governmental and NGO initiatives to protect Roma, so the presumption of state protection was not rebutted.

Court Disposition

Claims rejected

Orders

  • All three refugee claims are rejected; claims dismissed