2021 RLLR 104

2021 RLLR 104

The claimant, a Hungarian Roma, demonstrated on a balance of probabilities that she faces systemic, cumulative discrimination and targeted violence amounting to persecution connected to a Convention ground (ethnicity), that state protection is not operationally effective, and that no viable internal flight alternative exists in Hungary; therefore she is a Convention refugee under s.96 IRPA.

Citation
2021 RLLR 104
Parties
Claimant: XXXX XXXX; Panel Member/decision Maker: David Jones
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
30 November 2021
Procedural Posture
Refugee Protection Claim / Decision/determination
Outcome
Claim accepted; claimant determined to be a Convention refugee pursuant to s.96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Roma Discrimination, Gender Based Persecution, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Roma Discrimination Gender Based Persecution State Protection Internal Flight Alternative

Case Brief

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Parties

XXXX XXXX

Claimant

David Jones

Panel Member/decision Maker

Procedural Posture

Refugee Protection Claim / Decision/determination

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 of the Immigration and Refugee Protection Act
  2. 2 Whether there is nexus between persecution and a Convention ground (ethnicity/Roma)
  3. 3 Assessment of claimant credibility

Ratio Decidendi

The claimant, a Hungarian Roma, demonstrated on a balance of probabilities that she faces systemic, cumulative discrimination and targeted violence amounting to persecution connected to a Convention ground (ethnicity), that state protection is not operationally effective, and that no viable internal flight alternative exists in Hungary; therefore she is a Convention refugee under s.96 IRPA.

Court Disposition

Claim accepted; claimant determined to be a Convention refugee pursuant to s.96 of the Immigration and Refugee Protection Act

Orders

  • Claim accepted; determination that claimant is a Convention refugee under s.96 IRPA