TB9-00554

TB9-00554

The RAD substituted the RPD decision and found that the Appellants are Convention refugees because the Panel erred in its assessment: the Principal Appellant’s cumulative experiences of ethnic discrimination, and the Associate Appellant’s past persecution coupled with systemic country conditions, establish a serious possibility of persecution on return; state protection in Romania is not operationally adequate and no viable internal flight alternative exists; claimants cannot be required to conceal their Romani identity to avoid persecution.

Citation
TB9-00554
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 August 2020
Procedural Posture
Refugee Appeal / Appeal Decision (substitution)
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees.
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Ethnic Discrimination (roma), Credibility Assessment
Source Language
English
Immigration Law Refugee Protection Human Rights Convention Refugee Persecution State Protection Internal Flight Alternative Ethnic Discrimination (roma) +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Appeal Decision (substitution)

Legal Issues

  1. 1 Whether the Appellants have a well‑founded fear of persecution on Convention grounds (Romani ethnicity and gender)
  2. 2 Whether cumulative discrimination experienced amounts to persecution
  3. 3 Whether effective state protection is available in Romania

Ratio Decidendi

The RAD substituted the RPD decision and found that the Appellants are Convention refugees because the Panel erred in its assessment: the Principal Appellant’s cumulative experiences of ethnic discrimination, and the Associate Appellant’s past persecution coupled with systemic country conditions, establish a serious possibility of persecution on return; state protection in Romania is not operationally adequate and no viable internal flight alternative exists; claimants cannot be required to conceal their Romani identity to avoid persecution.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees.

Orders

  • Appeal allowed.
  • Substitute decision that the Appellants are Convention refugees.