2023 RLLR 79

2023 RLLR 79

The panel accepted the claimants as credible and established they are ethnic Roma, gave full weight to objective country documentation showing widespread discrimination and insufficient state protection, found no viable internal flight alternative, and therefore concluded each claimant has a well‑founded fear of persecution on the Convention ground of race and is a Convention refugee.

Citation
2023 RLLR 79
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
19 December 2023
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Decision of Refugee Protection Division
Outcome
Claim accepted; each claimant found to be a Convention refugee on the ground of race (Roma ethnicity).
Legal Topics
Convention Refugee, Race Discrimination (roma), Credibility Assessment, State Protection, Internal Flight Alternative, Nexus to Convention Ground
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law Convention Refugee Race Discrimination (roma) Credibility Assessment State Protection +2 more

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Decision of Refugee Protection Division

Legal Issues

  1. 1 Whether claimants are Convention refugees under IRPA based on race (Roma)
  2. 2 Credibility of claimants' testimony and documentary corroboration
  3. 3 Whether objective country evidence establishes a well‑founded fear of persecution

Ratio Decidendi

The panel accepted the claimants as credible and established they are ethnic Roma, gave full weight to objective country documentation showing widespread discrimination and insufficient state protection, found no viable internal flight alternative, and therefore concluded each claimant has a well‑founded fear of persecution on the Convention ground of race and is a Convention refugee.

Court Disposition

Claim accepted; each claimant found to be a Convention refugee on the ground of race (Roma ethnicity).

Orders

  • Claim accepted; each claimant recognized as a Convention refugee