VB7-04906

VB7-04906

The claimant failed to establish on the balance of probabilities that she is of Roma ethnicity because her testimony was vague and uncorroborated and documentary evidence did not connect to her; that failure is dispositive and leads to dismissal of the refugee claim and the finding that she is not a person in need of protection.

Citation
VB7-04906
Parties
Claimant (asylum Claimant): XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration (Canada); Tribunal Member: Chad Prowse
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 May 2018
Procedural Posture
Refugee Protection Claim / Hearing and Decision on Referral Following Federal Court Judicial Review
Outcome
Claim dismissed; claimant found neither a Convention refugee nor a person in need of protection.
Legal Topics
Identity, Roma Ethnicity, Credibility Assessment, Well‑founded Fear, Risk of Torture, Procedural Fairness, Standard of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Roma Ethnicity Credibility Assessment Well‑founded Fear Risk of Torture +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Claimant (asylum Claimant)

Minister of Citizenship and Immigration (Canada)

Respondent / Minister

Chad Prowse

Tribunal Member

Procedural Posture

Refugee Protection Claim / Hearing and Decision on Referral Following Federal Court Judicial Review

Legal Issues

  1. 1 Whether the claimant has established her identity as a Roma person on a balance of probabilities
  2. 2 Whether the claimant has a well‑founded fear of persecution for a Convention ground (membership in a particular social group)
  3. 3 Whether removal would subject the claimant personally to risk to life, cruel and unusual treatment or torture

Ratio Decidendi

The claimant failed to establish on the balance of probabilities that she is of Roma ethnicity because her testimony was vague and uncorroborated and documentary evidence did not connect to her; that failure is dispositive and leads to dismissal of the refugee claim and the finding that she is not a person in need of protection.

Court Disposition

Claim dismissed; claimant found neither a Convention refugee nor a person in need of protection.

Orders

  • Refusal of refugee protection claim; no protection order granted