TB1-13604

TB1-13604

The panel found documentary and testimonial evidence established that Lithuania and Poland have functioning state institutions and mechanisms to investigate and punish abuses and to assist victims; the claimants failed to rebut the presumption of state protection with clear and convincing evidence and therefore would not face a serious possibility of persecution nor a risk of torture or cruel and unusual treatment on return; claims are rejected on the balance of probabilities.

Citation
TB1-13604
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 October 2013
Procedural Posture
Refugee Protection Claim (irpa Ss.96 and 97) / Decision on Merits Following Hearing
Outcome
All refugee claims rejected
Legal Topics
State Protection, Persecution, Domestic Violence, Ethnic Discrimination (roma), Standard of Proof
Source Language
English
Immigration Refugee Law Human Rights State Protection Persecution Domestic Violence Ethnic Discrimination (roma) Standard of Proof

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 and 97) / Decision on Merits Following Hearing

Legal Issues

  1. 1 Whether Lithuania and Poland can provide state protection to the claimants
  2. 2 Whether claimants face a serious possibility of persecution on return
  3. 3 Whether claimants face a risk of torture or cruel and unusual treatment or punishment

Ratio Decidendi

The panel found documentary and testimonial evidence established that Lithuania and Poland have functioning state institutions and mechanisms to investigate and punish abuses and to assist victims; the claimants failed to rebut the presumption of state protection with clear and convincing evidence and therefore would not face a serious possibility of persecution nor a risk of torture or cruel and unusual treatment on return; claims are rejected on the balance of probabilities.

Court Disposition

All refugee claims rejected

Orders

  • Claim of XXXX XXXX (principal) rejected
  • Claim of XXXX XXXX (daughter) rejected