TA9-14701

TA9-14701

On the evidence and applying the clear and convincing standard, the claimants failed to rebut the presumption that the Czech Republic can and will provide reasonable protection; they did not exhaust reasonable domestic remedies and therefore are not Convention refugees under s.96 nor persons in need of protection under s.97 IRPA.

Citation
TA9-14701
Parties
Principal Claimant: XXXXX XXXXX; Daughter Claimant: XXXXX XXXXX; Minor Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 June 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Show‑cause to Abandon Hearing Followed by Merits Hearing; Decision Issued
Outcome
Claims dismissed; claimants found not to be Convention refugees and not to be persons in need of protection; claim was not declared abandoned and hearing proceeded
Legal Topics
State Protection, Persecution, Discrimination Against Roma, Exhaustion of Domestic Remedies, Access to Medical Care, Abandonment Hearing
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law State Protection Persecution Discrimination Against Roma Exhaustion of Domestic Remedies +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Daughter Claimant

XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Show‑cause to Abandon Hearing Followed by Merits Hearing; Decision Issued

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 IRPA
  2. 2 Whether claimants are persons in need of protection under section 97 IRPA
  3. 3 Whether state protection in the Czech Republic is adequate or available

Ratio Decidendi

On the evidence and applying the clear and convincing standard, the claimants failed to rebut the presumption that the Czech Republic can and will provide reasonable protection; they did not exhaust reasonable domestic remedies and therefore are not Convention refugees under s.96 nor persons in need of protection under s.97 IRPA.

Court Disposition

Claims dismissed; claimants found not to be Convention refugees and not to be persons in need of protection; claim was not declared abandoned and hearing proceeded

Orders

  • Show‑cause to abandon dismissed — claim not declared abandoned
  • Claims for refugee protection dismissed; protection refused