TB2-00149

TB2-00149

The panel rejected the claims because the claimants failed to establish a serious possibility of persecution on a Convention ground or the requisite personal risk under s.97: objective evidence did not show systematic persecution of Bosnian-Croats or persons in mixed marriages in Croatia, alleged harms amounted to discrimination or isolated incidents, and the claimants failed to rebut the presumption of adequate state protection (negative inferences drawn from failure to claim in safe third countries).

Citation
TB2-00149
Parties
Claimant: XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 November 2018
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act Ss.96 97 / Final Decision With Reasons (hearing Held Sept 25 and Oct 4, 2018; Decision Nov 30, 2018)
Outcome
Claims rejected; claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Persecution Vs Discrimination, Failure to Claim in Safe Third Country, Delay in Claiming, Nexus to Convention Ground (ethnicity)
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection State Protection Persecution Vs Discrimination Failure to Claim in Safe Third Country +2 more

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Parties

XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act Ss.96 97 / Final Decision With Reasons (hearing Held Sept 25 and Oct 4, 2018; Decision Nov 30, 2018)

Legal Issues

  1. 1 Identity of claimants
  2. 2 Existence of subjective fear with objective basis
  3. 3 Whether discrimination/harassment rises to persecution

Ratio Decidendi

The panel rejected the claims because the claimants failed to establish a serious possibility of persecution on a Convention ground or the requisite personal risk under s.97: objective evidence did not show systematic persecution of Bosnian-Croats or persons in mixed marriages in Croatia, alleged harms amounted to discrimination or isolated incidents, and the claimants failed to rebut the presumption of adequate state protection (negative inferences drawn from failure to claim in safe third countries).

Court Disposition

Claims rejected; claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97 of the Immigration and Refugee Protection Act.

Orders

  • Refugee protection claims dismissed (decision dated November 30, 2018)