2019 RLLR 50

2019 RLLR 50

On the balance of probabilities the panel accepted that the claimants are ethnic Roma who have experienced serious, systemic and repetitive discrimination in education, employment, housing and health care amounting to persecution; state protection in Hungary was found inadequate and no internal flight alternative existed, therefore the claimants meet the definition of Convention refugees under s.96 IRPA.

Citation
2019 RLLR 50
Parties
Principal Claimant: [XXX]; Child Claimant: [XXX]; Common Law Partner: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
14 January 2019
Procedural Posture
Refugee Protection (convention Refugee Claim Under Irpa) / Decision of Refugee Protection Division (hearing)
Outcome
Claims allowed; claimants found to be Convention refugees and granted protection.
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Ethnic Discrimination (roma), Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Persecution State Protection Internal Flight Alternative Ethnic Discrimination (roma) +1 more

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Parties

[XXX]

Principal Claimant

[XXX]

Child Claimant

[XXX]

Common Law Partner

Procedural Posture

Refugee Protection (convention Refugee Claim Under Irpa) / Decision of Refugee Protection Division (hearing)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees under s.96 IRPA
  2. 2 Whether the claimants established persecution on the basis of Roma ethnicity
  3. 3 Whether adequate state protection was available in Hungary

Ratio Decidendi

On the balance of probabilities the panel accepted that the claimants are ethnic Roma who have experienced serious, systemic and repetitive discrimination in education, employment, housing and health care amounting to persecution; state protection in Hungary was found inadequate and no internal flight alternative existed, therefore the claimants meet the definition of Convention refugees under s.96 IRPA.

Court Disposition

Claims allowed; claimants found to be Convention refugees and granted protection.

Orders

  • Findings: [XXX], [XXX], [XXX], [XXX] and [XXX] are Convention refugees within the meaning of s.96 IRPA.
  • Claims allowed and refugee protection granted to the claimants.