TA8-13688

TA8-13688

The claimants failed to rebut the presumption of state protection because the Czech Republic demonstrates adequate and reasonably forthcoming protection (police response, anti-extremism enforcement and integration programs); credibility concerns further undermined the female claimant's abuse/threat allegations; therefore there is no serious possibility of persecution and the claims under sections 96 and 97 of IRPA fail.

Citation
TA8-13688
Parties
Male Claimant (principal): XXXXX XXXXX; Female Claimant (spouse): XXXXX XXXXX; Adult Child Claimant: XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 June 2010
Procedural Posture
Asylum/refugee Protection Claim Under IRPA / Hearing Concluded and Decision Rendered
Outcome
All refugee protection claims rejected; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
State Protection, Racial Discrimination, Gender Related Persecution, Credibility Assessment, Convention Refugee Determination, Persons in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights State Protection Racial Discrimination Gender Related Persecution Credibility Assessment +2 more

Case Brief

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Parties

XXXXX XXXXX

Male Claimant (principal)

XXXXX XXXXX

Female Claimant (spouse)

XXXXX XXXXX XXXXX

Adult Child Claimant

XXXXX XXXXX

Minor Claimant

Procedural Posture

Asylum/refugee Protection Claim Under IRPA / Hearing Concluded and Decision Rendered

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether the claimants are persons in need of protection under section 97 of the IRPA
  3. 3 Whether the claimants rebutted the presumption of state protection

Ratio Decidendi

The claimants failed to rebut the presumption of state protection because the Czech Republic demonstrates adequate and reasonably forthcoming protection (police response, anti-extremism enforcement and integration programs); credibility concerns further undermined the female claimant's abuse/threat allegations; therefore there is no serious possibility of persecution and the claims under sections 96 and 97 of IRPA fail.

Court Disposition

All refugee protection claims rejected; claimants are not Convention refugees and are not persons in need of protection

Orders

  • Claims rejected under sections 96 and 97 of the IRPA
  • No protection granted