TB0-03030

TB0-03030

The principal claimant rebutted the presumption of state protection given credible testimony, corroboration by her daughter, repeated police failures and ineffective restraining orders in her circumstances, establishing a well-founded fear of persecution as a Roma woman and domestic violence victim; however the daughter and common-law partner failed to show personal risk or an absence of state protection and their claims were rejected.

Citation
TB0-03030
Parties
Principal Claimant: XXXXXXXXXXXXXXX; Common Law Partner: XXXXXXXXXX; Daughter: XXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 October 2011
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 97(1) / RPD Hearing and Determination (decision Issued)
Outcome
Principal claimant granted Convention refugee status; common-law partner and daughter denied refugee protection and protection claims dismissed for them.
Legal Topics
Convention Refugee Status, State Protection, Gender Based Persecution, Domestic Violence, Membership of a Particular Social Group (roma), Internal Flight Alternative, Credibility and Corroboration, Derivative Claims
Source Language
English
Immigration Law Refugee Law Human Rights Law Family Law Administrative Law Convention Refugee Status State Protection Gender Based Persecution +5 more

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Parties

XXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXX

Common Law Partner

XXXXXXXXXXXXX

Daughter

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 97(1) / RPD Hearing and Determination (decision Issued)

Legal Issues

  1. 1 Whether the principal claimant has a well-founded fear of persecution as a Roma and as a victim of domestic violence
  2. 2 Whether the claimant rebutted the presumption of state protection
  3. 3 Whether an internal flight alternative was reasonable and available

Ratio Decidendi

The principal claimant rebutted the presumption of state protection given credible testimony, corroboration by her daughter, repeated police failures and ineffective restraining orders in her circumstances, establishing a well-founded fear of persecution as a Roma woman and domestic violence victim; however the daughter and common-law partner failed to show personal risk or an absence of state protection and their claims were rejected.

Court Disposition

Principal claimant granted Convention refugee status; common-law partner and daughter denied refugee protection and protection claims dismissed for them.

Orders

  • Principal claimant recognized as Convention refugee and granted protection
  • Claims of common-law partner and daughter rejected (not Convention refugees nor persons in need of protection)