TA1-03656

TA1-03656

Severe, persistent peer rejection and ethnic harassment of a child that causes intense personal anguish and foreseeable long-term psychological harm constitutes persecution under the Convention and supports designation as a Convention refugee; by contrast, ethnic harassment that causes only inconvenience or family tension to adults does not establish persecution and does not merit protection.

Citation
TA1-03656
Parties
Claimant: XXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 December 2002
Procedural Posture
Refugee Protection / Decision After Hearing
Outcome
Minor claimant accepted as a Convention refugee; adult claimants' claims rejected.
Legal Topics
Persecution, Ethnic Persecution, Harassment, Minors, Convention Refugee Status
Source Language
English
Immigration Refugee Law Child Welfare Human Rights Persecution Ethnic Persecution Harassment Minors +1 more

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Parties

XXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Decision After Hearing

Legal Issues

  1. 1 Whether adult claimants faced persecution due to ethnicity
  2. 2 Whether the minor claimant suffered persecution due to peer rejection and ethnicity
  3. 3 Whether the Convention refugee definition applies to the world of the child and requires a child‑sensitive standard

Ratio Decidendi

Severe, persistent peer rejection and ethnic harassment of a child that causes intense personal anguish and foreseeable long-term psychological harm constitutes persecution under the Convention and supports designation as a Convention refugee; by contrast, ethnic harassment that causes only inconvenience or family tension to adults does not establish persecution and does not merit protection.

Court Disposition

Minor claimant accepted as a Convention refugee; adult claimants' claims rejected.

Orders

  • Grant Convention refugee status to the minor claimant.
  • Deny refugee protection to the adult claimants.