TA4-19518

TA4-19518

The claimants' allegations were not credible and were not corroborated; country documents establish that Russian speakers are not subject to systemic discrimination in Moldova and that state protection mechanisms exist; the claimants failed to rebut state protection and therefore did not demonstrate a well‑founded fear of persecution or a personal risk of torture or cruel and unusual treatment, so their refugee claims and protection claims were rejected.

Citation
TA4-19518
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: D. Rose
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 March 2006
Procedural Posture
Refugee Protection Claim / Merits Hearing and Decision
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Convention Refugee, Credibility, State Protection, Torture, Persecution, Ethnic Discrimination
Source Language
English
Refugee Law Immigration Law Human Rights Law Convention Refugee Credibility State Protection Torture Persecution +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant

D. Rose

Respondent

Procedural Posture

Refugee Protection Claim / Merits Hearing and Decision

Legal Issues

  1. 1 Whether the claimants are Convention refugees under the Immigration and Refugee Protection Act
  2. 2 Whether the claimants face persecution on a Convention ground (ethnicity/language) in Moldova
  3. 3 Whether the claimants' testimony is credible

Ratio Decidendi

The claimants' allegations were not credible and were not corroborated; country documents establish that Russian speakers are not subject to systemic discrimination in Moldova and that state protection mechanisms exist; the claimants failed to rebut state protection and therefore did not demonstrate a well‑founded fear of persecution or a personal risk of torture or cruel and unusual treatment, so their refugee claims and protection claims were rejected.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection

Orders

  • Claims rejected