2020 RLLR 41

2020 RLLR 41

The tribunal accepted the adult claimants' credible and consistent testimony, found corroboration in reliable country condition documents demonstrating systemic discrimination and lack of effective state protection for Roma in Romania, and concluded that cumulative incidents amounted to persecution; failure to seek asylum in certain European states and the manner of entry into Canada did not bar the claims; accordingly the adult claimants are Convention refugees while the minor's claim was rejected for lack of evidence.

Citation
2020 RLLR 41
Parties
Principal Claimant: [XXX]; Common Law Spouse: [XXX]; Minor Claimant (us Citizen): [XXX]; Designated Representative for Minor: [XXX]; Respondent Representative: Minister's Representative
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 July 2020
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Determination by Refugee Protection Division
Outcome
Adult claimants (principal claimant and common-law spouse) found to be Convention refugees; minor claimant's claim rejected for lack of evidence
Legal Topics
Convention Refugee, Credibility Assessment, Country Conditions, Roma Discrimination, State Protection, Asylum Admissibility
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law Convention Refugee Credibility Assessment Country Conditions Roma Discrimination +2 more

Case Brief

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Parties

[XXX]

Principal Claimant

[XXX]

Common Law Spouse

[XXX]

Minor Claimant (us Citizen)

[XXX]

Designated Representative for Minor

Minister's Representative

Respondent Representative

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Determination by Refugee Protection Division

Legal Issues

  1. 1 Whether the adult claimants qualify as Convention refugees under ss.96 and 97 of IRPA
  2. 2 Whether the claimants' testimony is credible and plausible
  3. 3 Whether there is an objective basis for a well-founded fear of persecution based on Roma ethnicity in Romania

Ratio Decidendi

The tribunal accepted the adult claimants' credible and consistent testimony, found corroboration in reliable country condition documents demonstrating systemic discrimination and lack of effective state protection for Roma in Romania, and concluded that cumulative incidents amounted to persecution; failure to seek asylum in certain European states and the manner of entry into Canada did not bar the claims; accordingly the adult claimants are Convention refugees while the minor's claim was rejected for lack of evidence.

Court Disposition

Adult claimants (principal claimant and common-law spouse) found to be Convention refugees; minor claimant's claim rejected for lack of evidence

Orders

  • Grant refugee protection to the principal claimant and his common-law spouse as Convention refugees
  • Reject the refugee claim of the minor claimant (US citizen) due to absence of evidence