TB8-12192

TB8-12192

The appeal is dismissed because the appellants failed to rebut the presumption of state protection in Austria on the balance of probabilities; objective evidence in the National Documentation Package demonstrates adequate state protection for victims of domestic violence and the majority of new materials were inadmissible or did not alter that conclusion.

Citation
TB8-12192
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Respondent: Minister; Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 April 2021
Procedural Posture
Refugee Appeal / RAD Decision
Outcome
Appeal dismissed; decision of RPD confirmed
Legal Topics
State Protection, Domestic Violence, Battered Women's Syndrome, Admissibility of New Evidence, Standard of Review
Source Language
English
Immigration Law Refugee Law Human Rights State Protection Domestic Violence Battered Women's Syndrome Admissibility of New Evidence Standard of Review

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Associate Appellant

Minister

Respondent

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Appeal / RAD Decision

Legal Issues

  1. 1 Whether the appellants rebutted the presumption of state protection in Austria
  2. 2 Admissibility of evidence submitted after the RPD decision
  3. 3 Whether a claimed medical condition (Battered Women's Syndrome) made it objectively unreasonable to seek state protection

Ratio Decidendi

The appeal is dismissed because the appellants failed to rebut the presumption of state protection in Austria on the balance of probabilities; objective evidence in the National Documentation Package demonstrates adequate state protection for victims of domestic violence and the majority of new materials were inadmissible or did not alter that conclusion.

Court Disposition

Appeal dismissed; decision of RPD confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated April 23, 2018 is confirmed; appellants are not Convention refugees nor persons in need of protection