TA9-05795

TA9-05795

The principal claimant's evidence contained material credibility flaws and he failed to provide clear and convincing evidence that state protection in the Czech Republic would be unavailable; documentary evidence shows functioning state institutions and targeted measures for Roma, so on balance of probabilities state protection is reasonably forthcoming and the claims fail.

Citation
TA9-05795
Parties
Principal Claimant: XXXX XXXX XXXX; Co Claimant (spouse): XXXX XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 April 2011
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97(1)) / Refugee Protection Division Hearing and Decision
Outcome
Claims rejected; principal claimant is neither a Convention refugee nor a person in need of protection; co-claimant and minor claimant claims also rejected
Legal Topics
State Protection, Credibility Assessment, Ethnic/roma Discrimination, Exhaustion of Domestic Remedies
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Credibility Assessment Ethnic/roma Discrimination Exhaustion of Domestic Remedies

Case Brief

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Co Claimant (spouse)

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97(1)) / Refugee Protection Division Hearing and Decision

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee
  2. 2 Whether the principal claimant is a person in need of protection
  3. 3 Whether state protection in the Czech Republic is available and effective for Roma claimants

Ratio Decidendi

The principal claimant's evidence contained material credibility flaws and he failed to provide clear and convincing evidence that state protection in the Czech Republic would be unavailable; documentary evidence shows functioning state institutions and targeted measures for Roma, so on balance of probabilities state protection is reasonably forthcoming and the claims fail.

Court Disposition

Claims rejected; principal claimant is neither a Convention refugee nor a person in need of protection; co-claimant and minor claimant claims also rejected