TB1-08966

TB1-08966

The panel accepted the principal claimant's credible testimony, found the evidence including country documents and medical/psychological reports established recurrent racially-motivated and domestic violence amounting to persecution, and concluded there is a failure of state protection and no viable internal flight alternative; therefore the claimants meet the definition of Convention refugees under section 96 of the IRPA.

Citation
TB1-08966
Parties
Claimant: XXXX XXXX; Claimant: XXXXXX XXXX; Claimant: XXXXXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 September 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (hearing Held August 26, 2013; Decision Issued September 5, 2013)
Outcome
Claims accepted; claimants determined to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Roma Discrimination, Domestic Violence
Source Language
English
Immigration Refugee Protection Human Rights Convention Refugee Persecution State Protection Internal Flight Alternative Roma Discrimination +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

XXXXXX XXXX

Claimant

XXXXXXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (hearing Held August 26, 2013; Decision Issued September 5, 2013)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the IRPA
  2. 2 Credibility of the principal claimant
  3. 3 Whether the harm suffered amounts to persecution

Ratio Decidendi

The panel accepted the principal claimant's credible testimony, found the evidence including country documents and medical/psychological reports established recurrent racially-motivated and domestic violence amounting to persecution, and concluded there is a failure of state protection and no viable internal flight alternative; therefore the claimants meet the definition of Convention refugees under section 96 of the IRPA.

Court Disposition

Claims accepted; claimants determined to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claimants are found to be Convention refugees within the meaning of section 96 of the Immigration and Refugee Protection Act; claims accepted.