2023 RLLR 78

2023 RLLR 78

The panel found the claimants credible and on the balance of probabilities established Roma ethnicity and corroborating evidence of systemic, state‑linked discrimination in education, housing and public services; because the State either participated in or failed to prevent persecution and no internal flight alternative existed, each claimant met the s.96 Convention refugee test.

Citation
2023 RLLR 78
Parties
Principal Claimant: XXXX XXXX; First Associate Claimant: XXXX XXXX; Second Associate Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
27 December 2023
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision of the Refugee Protection Division
Outcome
Claims accepted; each claimant found to be a Convention refugee pursuant to section 96 of the IRPA
Legal Topics
Ethnicity Based Persecution, Roma Discrimination, State Protection, Internal Flight Alternative, Education Segregation, Housing Discrimination
Source Language
English
Immigration Law Refugee Law Human Rights Law Ethnicity Based Persecution Roma Discrimination State Protection Internal Flight Alternative Education Segregation +1 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

First Associate Claimant

XXXX XXXX

Second Associate Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees under section 96 of the IRPA
  2. 2 Whether the persecution is on the basis of Roma ethnicity (nexus)
  3. 3 Whether the claimants are credible

Ratio Decidendi

The panel found the claimants credible and on the balance of probabilities established Roma ethnicity and corroborating evidence of systemic, state‑linked discrimination in education, housing and public services; because the State either participated in or failed to prevent persecution and no internal flight alternative existed, each claimant met the s.96 Convention refugee test.

Court Disposition

Claims accepted; each claimant found to be a Convention refugee pursuant to section 96 of the IRPA

Orders

  • Claims TC3-14678, TC3-14679 and TC3-14680 are accepted
  • Each of the three claimants is found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act