2020 RLLR 18

2020 RLLR 18

The Board accepted the claimants' Roma identity and testimony, found country reports corroborate continuous, widespread discrimination and inadequate state protection in Slovakia (including by police), concluded the cumulative incidents constitute persecution and no viable internal flight alternative exists, and therefore the claimants are Convention refugees under s.96 IRPA.

Citation
2020 RLLR 18
Parties
Claimant: Mother (female claimant); Claimant: Father (male claimant); Claimant: Older son (adult); Claimant (represented): Younger son (minor); Decision Maker: Refugee Protection Division (Member Micheal Somers)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 March 2020
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision (oral)
Outcome
Claims allowed; claimants found to be Convention refugees under s.96 IRPA.
Legal Topics
State Protection, Discrimination (ethnicity), Credibility Assessment, Internal Flight Alternative, Gender and Child Guidelines, Well Founded Fear, Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Public International Law State Protection Discrimination (ethnicity) Credibility Assessment +4 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 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mother (female claimant)

Claimant

Father (male claimant)

Claimant

Older son (adult)

Claimant

Younger son (minor)

Claimant (represented)

Refugee Protection Division (Member Micheal Somers)

Decision Maker

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Decision (oral)

Legal Issues

  1. 1 Whether claimants, as Roma, have a well-founded fear of persecution in Slovakia
  2. 2 Whether the Slovak state can provide adequate protection
  3. 3 Whether the claimants' testimony is credible

Ratio Decidendi

The Board accepted the claimants' Roma identity and testimony, found country reports corroborate continuous, widespread discrimination and inadequate state protection in Slovakia (including by police), concluded the cumulative incidents constitute persecution and no viable internal flight alternative exists, and therefore the claimants are Convention refugees under s.96 IRPA.

Court Disposition

Claims allowed; claimants found to be Convention refugees under s.96 IRPA.

Orders

  • Claimants' claims accepted; declared Convention refugees pursuant to Section 96 of the Immigration and Refugee Protection Act.
  • Mother designated as representative for minor son in proceeding.