TA9-09117

TA9-09117

The claimants failed to rebut the presumption of state protection because the principal claimant's testimony lacked credibility and corroboration, contained contradictions and omissions, and the documentary record showed that both the Czech Republic and Slovak Republic have adequate legal and institutional protections and measures addressing Roma discrimination; therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
TA9-09117
Parties
Principal Claimant: XXXX XXXX; Spouse: XXXXXXXX XXXX; Child: XXXXXXXX XX; Child: XX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 October 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Decision on Merits by Refugee Protection Division
Outcome
All claims rejected; claimants are not Convention refugees and not persons in need of protection.
Legal Topics
State Protection, Credibility, Roma Discrimination, Exhaustion of Domestic Remedies, Hate Crimes
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law State Protection Credibility Roma Discrimination Exhaustion of Domestic Remedies +1 more

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Parties

XXXX XXXX

Principal Claimant

XXXXXXXX XXXX

Spouse

XXXXXXXX XX

Child

XX XXXX

Child

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Decision on Merits by Refugee Protection Division

Legal Issues

  1. 1 Credibility of principal claimant and corroboration
  2. 2 Delay in departure and pivotal incident
  3. 3 State protection adequacy and exhaustion of remedies

Ratio Decidendi

The claimants failed to rebut the presumption of state protection because the principal claimant's testimony lacked credibility and corroboration, contained contradictions and omissions, and the documentary record showed that both the Czech Republic and Slovak Republic have adequate legal and institutional protections and measures addressing Roma discrimination; therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

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

Orders

  • All claims dismissed
  • Children's claims rejected as dependent on principal claimant's allegations