MA4-00320

MA4-00320

The tribunal found the claimant failed to prove his Roma ethnicity because his cultural knowledge and language responses were hesitant, inconsistent and unconvincing; therefore he did not meet the burden to establish membership in a particular social group or a well‑founded fear of persecution or risk of torture, and his claim was rejected.

Citation
MA4-00320
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: Michel Byczak
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 November 2005
Procedural Posture
Refugee Protection (irpa) / Hearing and Decision (refugee Protection Division)
Outcome
Application for refugee protection rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Ethnic Discrimination, Roma, Credibility Assessment, Convention Refugee, Person in Need of Protection, Persecution, Risk of Torture
Source Language
English
Immigration Law Refugee Law Human Rights Ethnic Discrimination Roma Credibility Assessment Convention Refugee Person in Need of Protection +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Michel Byczak

Refugee Protection Officer

Procedural Posture

Refugee Protection (irpa) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a member of the Roma ethnic group
  2. 2 Whether the claimant met the burden to establish membership in a particular social group and a well‑founded fear of persecution
  3. 3 Credibility of claimant's account and cultural knowledge

Ratio Decidendi

The tribunal found the claimant failed to prove his Roma ethnicity because his cultural knowledge and language responses were hesitant, inconsistent and unconvincing; therefore he did not meet the burden to establish membership in a particular social group or a well‑founded fear of persecution or risk of torture, and his claim was rejected.

Court Disposition

Application for refugee protection rejected; claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Application for refugee protection rejected; claimant is neither a Convention refugee nor a person in need of protection.