MA1-05556

MA1-05556

The panel accepted the claimants' identities and, notwithstanding some inconsistencies, found their testimony and documentary evidence sufficiently credible; country evidence and the claimants' experiences established discrimination and police apathy in Romania such that effective state protection was unavailable, creating a well-founded fear of persecution for the claimants (Roma nationality and woman victim of violence), and therefore they qualify as Convention refugees under s.96 IRPA.

Citation
MA1-05556
Parties
Claimant Principal: XXXXXXXX; Claimant Spouse: XXXXXXXXXX; Claimant Child (represented by Mother): XXXXXXXXXXXXXXXX; Panel Member / Decision Maker: Me Yves Boisrond; Refugee Protection Officer: Lawrence Lesarge; Claimant's Counsel: Me Leonard Manzararu
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 July 2002
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (convention Ground) / Hearing and Decision at Refugee Protection Division (hearing July 11 12, 2002; Decision July 30, 2002)
Outcome
Allowed: claimants recognized as Convention refugees
Legal Topics
Convention Refugee, Well Founded Fear of Persecution, State Protection, Membership of a Particular Social Group, Credibility Assessment, Nationality Discrimination, Gender Based Violence
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Well Founded Fear of Persecution State Protection Membership of a Particular Social Group Credibility Assessment +2 more

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Parties

XXXXXXXX

Claimant Principal

XXXXXXXXXX

Claimant Spouse

XXXXXXXXXXXXXXXX

Claimant Child (represented by Mother)

Me Yves Boisrond

Panel Member / Decision Maker

Lawrence Lesarge

Refugee Protection Officer

Me Leonard Manzararu

Claimant's Counsel

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (convention Ground) / Hearing and Decision at Refugee Protection Division (hearing July 11 12, 2002; Decision July 30, 2002)

Legal Issues

  1. 1 Identity verification of claimants
  2. 2 Credibility of testimony and documentary evidence
  3. 3 Whether state protection in Romania was available and effective

Ratio Decidendi

The panel accepted the claimants' identities and, notwithstanding some inconsistencies, found their testimony and documentary evidence sufficiently credible; country evidence and the claimants' experiences established discrimination and police apathy in Romania such that effective state protection was unavailable, creating a well-founded fear of persecution for the claimants (Roma nationality and woman victim of violence), and therefore they qualify as Convention refugees under s.96 IRPA.

Court Disposition

Allowed: claimants recognized as Convention refugees

Orders

  • Mr. XXXXXXXX, Ms. XXXXXXXXXX and their daughter XXXXXXXXXXXXXXXX are declared Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act