TA9-07897

TA9-07897

The panel rejected the claims because it found the principal claimant's testimony not credible (including that the central alleged skinhead attack was fabricated), concluded that the specific conduct alleged amounted to discrimination not persecution and that the Czech Republic offers reasonable and accessible state protection; therefore the claimants are neither Convention refugees nor persons in need of protection under s.97.

Citation
TA9-07897
Parties
Principal Claimant: XXXXXXXXX; Spouse: XXXXXXXXXXXXX; Daughter Claimant / Designated Representative: XXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 April 2012
Procedural Posture
Refugee Protection Convention Refugee and Person in Need of Protection Claims / Decision (refugee Protection Division Hearing Concluded)
Outcome
Refugee Protection Division rejects all claims
Legal Topics
State Protection, Credibility Findings, Persecution Vs Discrimination, Nexus to Convention Grounds, Health Care and Protection, Education and Social Inclusion, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law State Protection Credibility Findings Persecution Vs Discrimination Nexus to Convention Grounds +3 more

Case Brief

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Parties

XXXXXXXXX

Principal Claimant

XXXXXXXXXXXXX

Spouse

XXXXXXXXXXXX

Daughter Claimant / Designated Representative

XXXXXXXXXXXXX

Minor Claimant

XXXXXXXXXXXXXXXXX

Minor Claimant

Procedural Posture

Refugee Protection Convention Refugee and Person in Need of Protection Claims / Decision (refugee Protection Division Hearing Concluded)

Legal Issues

  1. 1 Whether the principal claimant's evidence is credible and trustworthy
  2. 2 Whether alleged discriminatory acts amount to persecution
  3. 3 Whether there is a nexus between the applicants' Roma ethnicity and persecution

Ratio Decidendi

The panel rejected the claims because it found the principal claimant's testimony not credible (including that the central alleged skinhead attack was fabricated), concluded that the specific conduct alleged amounted to discrimination not persecution and that the Czech Republic offers reasonable and accessible state protection; therefore the claimants are neither Convention refugees nor persons in need of protection under s.97.

Court Disposition

Refugee Protection Division rejects all claims

Orders

  • Refugee Protection Division rejects all refugee protection claims of the principal, spouse, daughter and minor claimants