TB1-12009

TB1-12009

The panel rejected the claim because, on the evidence, including country reports and the claimants' own testimony, there was insufficient objective basis to find that ethnic Croats from Bosnia face persecution in Croatia; the discrimination alleged did not rise to the level of persecution, credibility issues undermined the claim, and Zagreb was a reasonable internal flight alternative.

Citation
TB1-12009
Parties
Principal Claimant: XXXX XXXX XXXXXXXX XXXX XXXX XXXX; Co Claimant (spouse): XXXX XXXX XXXX XXXX; Co Claimant (child): XXXX XXXX; Respondent: Minister of Immigration; Designated Representative: ICCRC
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 November 2018
Procedural Posture
Refugee Protection Claim / Decision and Reasons (first Instance)
Outcome
Claim rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Persecution Vs Discrimination, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Persecution Vs Discrimination Internal Flight Alternative

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Parties

XXXX XXXX XXXXXXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Co Claimant (spouse)

XXXX XXXX

Co Claimant (child)

Minister of Immigration

Respondent

ICCRC

Designated Representative

Procedural Posture

Refugee Protection Claim / Decision and Reasons (first Instance)

Legal Issues

  1. 1 Credibility of the principal claimant's testimony and prior filings
  2. 2 Whether cumulative acts of discrimination amount to persecution under section 96 of the IRPA
  3. 3 Whether an internal flight alternative exists (Zagreb)

Ratio Decidendi

The panel rejected the claim because, on the evidence, including country reports and the claimants' own testimony, there was insufficient objective basis to find that ethnic Croats from Bosnia face persecution in Croatia; the discrimination alleged did not rise to the level of persecution, credibility issues undermined the claim, and Zagreb was a reasonable internal flight alternative.

Court Disposition

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

Orders

  • Claim rejected