TB1-10491

TB1-10491

The claimants failed to prove past persecution or a well-founded fear of persecution and did not adduce clear and convincing evidence to rebut the presumption that Croatia can and will provide effective state protection; therefore refugee protection under s.96 or s.97(1) IRPA is denied.

Citation
TB1-10491
Parties
Claimant: XXXX XXXX; Claimant: XXXXXXXX XXXX; Claimant: XXXXXXXX XX; Claimant: XX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 October 2013
Procedural Posture
Refugee Protection Claim (s.96 and S.97(1) Irpa) / Decision With Reasons Following Hearing
Outcome
Claims denied; not Convention refugees and not persons in need of protection
Legal Topics
State Protection, Well Founded Fear, Persecution Vs. Discrimination, Credibility and Subjective Fear, Internal Relocation/availment
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law State Protection Well Founded Fear Persecution Vs. Discrimination Credibility and Subjective Fear +1 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 5 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX

Claimant

XXXXXXXX XXXX

Claimant

XXXXXXXX XX

Claimant

XX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (s.96 and S.97(1) Irpa) / Decision With Reasons Following Hearing

Legal Issues

  1. 1 Whether claimants suffered past persecution
  2. 2 Whether claimants have a well-founded fear of future persecution
  3. 3 Whether claimants rebutted presumption of effective state protection in Croatia

Ratio Decidendi

The claimants failed to prove past persecution or a well-founded fear of persecution and did not adduce clear and convincing evidence to rebut the presumption that Croatia can and will provide effective state protection; therefore refugee protection under s.96 or s.97(1) IRPA is denied.

Court Disposition

Claims denied; not Convention refugees and not persons in need of protection

Orders

  • Claims of XXXX XXXX, XXXXXXXX XXXX, XXXXXXXX XX and XX XXXX are denied under sections 96 and 97(1) of the IRPA
  • No surrogate protection is granted; panel finds adequate state protection available in Croatia