TB1-04377

TB1-04377

The panel found the claimants failed to provide clear and convincing evidence to rebut the presumption of adequate state protection in Slovakia, failed to exhaust available domestic remedies, and were undermined by credibility and corroboration deficits; accordingly they are neither Convention refugees nor persons in need of protection under IRPA ss.96 and 97(1).

Citation
TB1-04377
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXXXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 September 2013
Procedural Posture
Immigration and Refugee Protection (rpd) / Decision (final)
Outcome
Claims rejected; claimants are not Convention refugees and not persons in need of protection under IRPA ss.96 and 97(1).
Legal Topics
State Protection, Credibility, Sexual Orientation, Roma, Exhaustion of Domestic Remedies, Persecution, Country Conditions, Police Misconduct
Source Language
English
Immigration Refugee Law Asylum Human Rights Administrative Law State Protection Credibility Sexual Orientation +5 more

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Parties

XXXX XXXX XXXX

Claimant

XXXXXXXX XXXX

Claimant

Procedural Posture

Immigration and Refugee Protection (rpd) / Decision (final)

Legal Issues

  1. 1 Whether claimants face persecution on a Convention ground (sexual orientation and/or Roma status)
  2. 2 Whether adequate state protection is available in the Slovak Republic
  3. 3 Whether claimants exhausted domestic remedies

Ratio Decidendi

The panel found the claimants failed to provide clear and convincing evidence to rebut the presumption of adequate state protection in Slovakia, failed to exhaust available domestic remedies, and were undermined by credibility and corroboration deficits; accordingly they are neither Convention refugees nor persons in need of protection under IRPA ss.96 and 97(1).

Court Disposition

Claims rejected; claimants are not Convention refugees and not persons in need of protection under IRPA ss.96 and 97(1).

Orders

  • Claims rejected