VB3-02766
Claimant was found credible but failed to prove, by clear and convincing evidence, that the Croatian state is unwilling or unable to protect him; therefore he is neither a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.
- Citation
- VB3-02766
- Parties
- Claimant: XXXX XXXX; Respondent: Minister (Canada)
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 14 September 2017
- Procedural Posture
- Refugee Protection Claim / Decision Following Hearing (oral Reasons Rendered)
- Outcome
- Refugee claim dismissed; claimant is neither a Convention refugee nor a person in need of protection
- Legal Topics
- State Protection, Persecution, Sexual Orientation, Mixed Ethnicity, Credibility, Country Conditions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Claimant
Minister (Canada)
Respondent
Procedural Posture
Refugee Protection Claim / Decision Following Hearing (oral Reasons Rendered)
Legal Issues
- 1 Whether claimant is a Convention refugee
- 2 Whether claimant is a person in need of protection under s.97(1) IRPA
- 3 Whether state protection is unavailable or ineffective in Croatia
Ratio Decidendi
Claimant was found credible but failed to prove, by clear and convincing evidence, that the Croatian state is unwilling or unable to protect him; therefore he is neither a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.
Court Disposition
Refugee claim dismissed; claimant is neither a Convention refugee nor a person in need of protection
Orders
- Refugee claim denied
- Claimant's protection claim against Bosnia and Herzegovina not considered
Full Case Text
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