TB3-00483

The claimant failed to rebut the presumption of state protection with clear and convincing evidence; documentary country information and the record show Croatia has legal protections, institutions and some effective remedies for sexual and ethnic minorities, and the claimant's alleged harms do not rise to persecution or demonstrate lack of available state protection, therefore the claim fails under ss.96 and 97 IRPA.

Citation: TB3-00483
Parties: Claimant: XXXX XXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 3 April 2013
Procedural Posture: Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome: Claim dismissed; claimant is not a Convention refugee under s.96 and not a person in need of protection under s.97 of the IRPA
Legal Topics: State Protection, Persecution, Sexual Orientation, Ethnicity, Convention Refugee Determination, Designated Country of Origin
Source Language: English

Immigration Refugee Law Administrative Law Human Rights State Protection Persecution Sexual Orientation Ethnicity +2 more

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Full judgment text Legal principles 4 Authorities cited 1 Party arguments 2

Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Protection Division)

Legal Issues

1 Whether the claimant is a Convention refugee under s.96 of the IRPA
2 Whether the claimant is a person in need of protection under s.97 of the IRPA
3 Whether effective state protection is available in Croatia

Ratio Decidendi

Court Disposition

Claim dismissed; claimant is not a Convention refugee under s.96 and not a person in need of protection under s.97 of the IRPA

Orders

Refugee protection claim denied (decision dated April 3, 2013)