TB1-17512

TB1-17512

Claimant failed to rebut the presumption of adequate state protection in Croatia with clear and convincing evidence and her testimony contained credibility defects; documentary and court evidence showed operational protection (police action, convictions, CSW involvement), therefore she is neither a Convention refugee nor a person in need of protection under IRPA ss.96/97.

Citation
TB1-17512
Parties
Claimant: XXXX XXXX; Respondent: Minister; Designated Representative: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 May 2015
Procedural Posture
Refugee Protection (irpa Ss.96,97) / Decision and Reasons (administrative De Novo)
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
State Protection, Domestic Violence, Roma Discrimination, Credibility Assessment, Refugee Status Determination, Country Conditions
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Family Law State Protection Domestic Violence Roma Discrimination +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister

Respondent

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection (irpa Ss.96,97) / Decision and Reasons (administrative De Novo)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether state protection in Croatia is adequate
  3. 3 Credibility of the claimant's testimony and allegations

Ratio Decidendi

Claimant failed to rebut the presumption of adequate state protection in Croatia with clear and convincing evidence and her testimony contained credibility defects; documentary and court evidence showed operational protection (police action, convictions, CSW involvement), therefore she is neither a Convention refugee nor a person in need of protection under IRPA ss.96/97.

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection.