2023 RLLR 65

2023 RLLR 65

The panel accepted the claimants as Convention refugees because (1) claimants credibly established Roma nationality and a subjective fear of persecution; (2) objective country evidence corroborated systemic discrimination and violence against Roma in Slovakia; (3) the presumption of state protection was rebutted on the balance of probabilities; and (4) no viable internal flight alternative exists in Slovakia, therefore the claimants have a well-founded fear of persecution on the basis of nationality.

Citation
2023 RLLR 65
Parties
Claimant: Multiple Claimants (names redacted); Respondent/state: Slovakia; Decision Maker: Refugee Protection Division (Panel: Josh Scheinert)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 December 2023
Procedural Posture
Convention Refugee Claim (rpd) / Decision (rpd Determination)
Outcome
All claimants found to be Convention refugees.
Legal Topics
Persecution, State Protection, Internal Flight Alternative, Nationality Discrimination (roma), Credibility, Vulnerability
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Persecution State Protection Internal Flight Alternative Nationality Discrimination (roma) +2 more

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Parties

Multiple Claimants (names redacted)

Claimant

Slovakia

Respondent/state

Refugee Protection Division (Panel: Josh Scheinert)

Decision Maker

Procedural Posture

Convention Refugee Claim (rpd) / Decision (rpd Determination)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Whether nexus to the Convention ground of nationality (Roma) is established
  3. 3 Whether state protection is available in Slovakia

Ratio Decidendi

The panel accepted the claimants as Convention refugees because (1) claimants credibly established Roma nationality and a subjective fear of persecution; (2) objective country evidence corroborated systemic discrimination and violence against Roma in Slovakia; (3) the presumption of state protection was rebutted on the balance of probabilities; and (4) no viable internal flight alternative exists in Slovakia, therefore the claimants have a well-founded fear of persecution on the basis of nationality.

Court Disposition

All claimants found to be Convention refugees.

Orders

  • Claims accepted; Convention refugee status granted to the claimants.