VB3-03416

VB3-03416

The adult claimants established discrimination on the basis of Roma ethnicity but failed to establish that the discrimination and incidents rose to the level of persecution or to a risk to life, cruel and unusual treatment, or torture under ss.96‑97 IRPA, nor that state protection was unavailable; by contrast the minor claimant, given his age, credible fear, and documented educational segregation and cumulative long‑term disadvantage, established persecution on a Convention ground and lack of adequate state protection, therefore the adults' claims were rejected and the minor's claim accepted.

Citation
VB3-03416
Parties
Principal Claimant: XXXX XXXX; Associated Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 August 2015
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act) / Hearing and Decision (refugee Protection Division)
Outcome
Adult claimants' claims dismissed; Minor claimant's claim accepted as a Convention refugee.
Legal Topics
Convention Refugee (s.96 Irpa), Person in Need of Protection (s.97 Irpa), Nexus to a Convention Ground, State Protection, Persecution Vs Discrimination, Racial/ethnic Discrimination (roma), Cumulative Discrimination, Vulnerable Persons/minors, Segregated Education, Access to Medical Treatment
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Law Torture and Cruel and Unusual Treatment Law Convention Refugee (s.96 Irpa) Person in Need of Protection (s.97 Irpa) Nexus to a Convention Ground State Protection +6 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associated Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether adult claimants are Convention refugees under s.96 IRPA
  2. 2 Whether minor claimant is a Convention refugee under s.96 IRPA
  3. 3 Whether claimants are persons in need of protection under s.97 IRPA (torture/cruel and unusual treatment/risk to life)

Ratio Decidendi

The adult claimants established discrimination on the basis of Roma ethnicity but failed to establish that the discrimination and incidents rose to the level of persecution or to a risk to life, cruel and unusual treatment, or torture under ss.96‑97 IRPA, nor that state protection was unavailable; by contrast the minor claimant, given his age, credible fear, and documented educational segregation and cumulative long‑term disadvantage, established persecution on a Convention ground and lack of adequate state protection, therefore the adults' claims were rejected and the minor's claim accepted.

Court Disposition

Adult claimants' claims dismissed; Minor claimant's claim accepted as a Convention refugee.

Orders

  • Adult claimants XXXX XXXX (VB3-03416) and XXXX XXXX (VB3-03417) are declared not to be Convention refugees under section 96 and not to be persons in need of protection under section 97 of the Immigration and Refugee Protection Act; their claims are rejected.
  • Minor claimant XXXX XXXX (VB3-03418) is declared to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act; protection is granted.