TA9-01463

TA9-01463

Panel rejected the claimants' allegations due to significant credibility problems (evasiveness, inconsistencies, unexplained omissions) and lack of documentary corroboration; documentary country evidence demonstrated the Czech Republic provides adequate state protection measures for Roma (policies, RPAs, legal remedies), so on the balance of probabilities there is no serious possibility of persecution and the claims fail.

Citation
TA9-01463
Parties
Claimant(s): XXXXXXXXXXX et al.; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 February 2012
Procedural Posture
Refugee Protection (irpa Ss.96,97) / Decision (refugee Protection Division)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, State Protection, Credibility Assessment, Persecution, Ethnic Discrimination (roma)
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee State Protection Credibility Assessment Persecution Ethnic Discrimination (roma)

Case Brief

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Parties

XXXXXXXXXXX et al.

Claimant(s)

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (irpa Ss.96,97) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Whether discrimination/persecution on account of Roma ethnicity exists
  3. 3 Whether state protection in the Czech Republic is inadequate

Ratio Decidendi

Panel rejected the claimants' allegations due to significant credibility problems (evasiveness, inconsistencies, unexplained omissions) and lack of documentary corroboration; documentary country evidence demonstrated the Czech Republic provides adequate state protection measures for Roma (policies, RPAs, legal remedies), so on the balance of probabilities there is no serious possibility of persecution and the claims fail.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Refugee Protection Division decision dated February 3, 2012: claims dismissed