TB3-08066

TB3-08066

Panel accepted claimant's identity as Roma by family background and perception in her community, accepted cumulative evidence of systemic discrimination and targeted mistreatment of her family (notably her daughter and Roma husband), found internal relocation to Budapest did not negate a reasonable chance of persecution given family ties and likelihood of discovery, and in a borderline case gave claimant benefit of the doubt; therefore return would subject claimant to a well‑founded fear of persecution and the claim was allowed.

Citation
TB3-08066
Parties
Claimant: XXXX XXXX; Counsel for Claimant: Meera Budovitch; Member: Harold Shepherd; Interpreter: L. Szemeredy
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 January 2014
Procedural Posture
Refugee Protection Claim / Hearing Decision Rendered
Outcome
Claim allowed
Legal Topics
Roma Persecution, Well Founded Fear of Persecution, State Protection, Internal Flight Alternative, Identity, Credibility, Cumulative Discrimination
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Roma Persecution Well Founded Fear of Persecution State Protection Internal Flight Alternative +3 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 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Claimant

Meera Budovitch

Counsel for Claimant

Harold Shepherd

Member

L. Szemeredy

Interpreter

Procedural Posture

Refugee Protection Claim / Hearing Decision Rendered

Legal Issues

  1. 1 Whether claimant is entitled to identity as Roma for refugee claim purposes
  2. 2 Whether claimant has a nexus between mistreatment and a protected ground (ethnicity/perception)
  3. 3 Whether treatment rises to level of persecution

Ratio Decidendi

Panel accepted claimant's identity as Roma by family background and perception in her community, accepted cumulative evidence of systemic discrimination and targeted mistreatment of her family (notably her daughter and Roma husband), found internal relocation to Budapest did not negate a reasonable chance of persecution given family ties and likelihood of discovery, and in a borderline case gave claimant benefit of the doubt; therefore return would subject claimant to a well‑founded fear of persecution and the claim was allowed.

Court Disposition

Claim allowed

Orders

  • Claim allowed; claimant found to have a well‑founded fear of persecution on account of Roma ethnicity and granted refugee protection