TB0-16981

TB0-16981

The claimant failed to rebut the presumption of state protection on a balance of probabilities because objective evidence demonstrates that Serbia has functioning institutions, legal protections and mechanisms (police, courts, Ombudsman, anti-discrimination law); therefore the claimant is neither a Convention refugee nor a person in need of protection under IRPA.

Citation
TB0-16981
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 December 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following Hearing and Post Hearing Submissions
Outcome
Claim denied; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
State Protection, Credibility, Minority Discrimination, Burden of Proof, Convention Refugee, Person in Need of Protection
Source Language
English
Immigration Refugee Law Administrative Law Human Rights State Protection Credibility Minority Discrimination Burden of Proof +2 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Following Hearing and Post Hearing Submissions

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether the claimant rebutted the presumption of state protection

Ratio Decidendi

The claimant failed to rebut the presumption of state protection on a balance of probabilities because objective evidence demonstrates that Serbia has functioning institutions, legal protections and mechanisms (police, courts, Ombudsman, anti-discrimination law); therefore the claimant is neither a Convention refugee nor a person in need of protection under IRPA.

Court Disposition

Claim denied; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Claim of XXXX XXXX denied; no refugee protection or surrogate protection granted