2021 RLLR 86

2021 RLLR 86

On the balance of probabilities the claimant established Roma identity and past persecution (physical attacks, extortion, threats of sexual exploitation) connected to race; corroborating medical records, family narratives and country documentation combined with the claimant’s credible testimony rebutted the presumption of effective state protection in Bulgaria and demonstrated no viable internal flight alternative; therefore the claimant has a well-founded fear of persecution and is a Convention refugee under section 96 IRPA.

Citation
2021 RLLR 86
Parties
Claimant: XXXX XXXX XXXX; Decision Maker: Refugee Protection Division
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
18 March 2021
Procedural Posture
Refugee Protection / Final Decision Issued After Hearing
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 IRPA.
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Roma Discrimination, Gender Based Violence, Human Trafficking
Source Language
English
Immigration and Refugee Protection Refugee Law Human Rights Convention Refugee Persecution State Protection Internal Flight Alternative Roma Discrimination +2 more

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Parties

XXXX XXXX XXXX

Claimant

Refugee Protection Division

Decision Maker

Procedural Posture

Refugee Protection / Final Decision Issued After Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether the claimant’s fear is connected to a Convention ground (race/ethnicity)
  3. 3 Whether claimant’s testimony and evidence are credible and corroborated

Ratio Decidendi

On the balance of probabilities the claimant established Roma identity and past persecution (physical attacks, extortion, threats of sexual exploitation) connected to race; corroborating medical records, family narratives and country documentation combined with the claimant’s credible testimony rebutted the presumption of effective state protection in Bulgaria and demonstrated no viable internal flight alternative; therefore the claimant has a well-founded fear of persecution and is a Convention refugee under section 96 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 IRPA.

Orders

  • Claim accepted and claimant recognized as a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act
  • Decision to be mailed to claimant and counsel