2023 RLLR 82

2023 RLLR 82

On credible testimonial and corroborating documentary evidence the claimants, because of their Roma ethnicity, face a serious possibility of persecution in Poland and lack effective state protection or a viable internal flight alternative; therefore they meet the definition of Convention refugees under s.96 IRPA.

Source-derived case information.

Citation
2023 RLLR 82
Parties
Claimant: Mr. XXXX XXXX; Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 December 2023
Procedural Posture
Refugee Protection Claim / Final Decision (hearing and Decision)
Outcome
All three claims accepted; claimants found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Persecution Based on Race, Roma Discrimination, State Protection, Internal Flight Alternative, Credibility Findings
Source Language
english
Refugee Law Immigration Law Human Rights Law Convention Refugee Persecution Based on Race Roma Discrimination State Protection Internal Flight Alternative +1 more

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Parties

Mr. XXXX XXXX

Claimant

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Final Decision (hearing and Decision)

Legal Issues

  1. 1 Whether claimants face a serious possibility of persecution in Poland on the ground of race (Roma ethnicity)
  2. 2 Credibility of the claimants' testimony
  3. 3 Whether state protection in Poland is available and effective

Ratio Decidendi

On credible testimonial and corroborating documentary evidence the claimants, because of their Roma ethnicity, face a serious possibility of persecution in Poland and lack effective state protection or a viable internal flight alternative; therefore they meet the definition of Convention refugees under s.96 IRPA.

Court Disposition

All three claims accepted; claimants found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claims for protection accepted
  • Claimants are Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act