2021 RLLR 90

2021 RLLR 90

On the balance of probabilities the claimants established they are Roma or associated with Roma and were subjected to threats, racist abuse and multiple physical assaults; corroborating medical and police reports plus country documentation establish systemic discrimination and inadequate state protection and absence...

Source-derived case information.

Citation
2021 RLLR 90
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
14 July 2021
Procedural Posture
Refugee Protection / Decision
Outcome
Claims accepted; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Ethnic Discrimination (roma)
Source Language
english
Immigration Law Refugee Law Human Rights Law Convention Refugee Persecution State Protection Internal Flight Alternative Ethnic Discrimination (roma)

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection / Decision

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees under section 96 of the IRPA
  2. 2 Whether the claimants were persecuted on account of ethnicity (Roma) and related grounds (family relationship)
  3. 3 Whether state protection in Ukraine was available and effective

Ratio Decidendi

On the balance of probabilities the claimants established they are Roma or associated with Roma and were subjected to threats, racist abuse and multiple physical assaults; corroborating medical and police reports plus country documentation establish systemic discrimination and inadequate state protection and absence of a viable internal flight alternative; delay in claiming was explained and did not undermine credibility; therefore they meet the Convention refugee definition under section 96 IRPA.

Court Disposition

Claims accepted; claimants found to be Convention refugees

Orders

  • Claims for refugee protection accepted
  • Claimants declared Convention refugees under section 96 of the Immigration and Refugee Protection Act