TB0-05803

TB0-05803

The principal claimant was found credible and, given the perpetrator's association with Neo-Nazi actors and the realistic inability or unreasonableness of her to obtain state protection in her circumstances, she faces a serious possibility of persecution on Convention grounds (Roma/gender) and is a Convention refugee; by contrast, the son, daughter and grandson failed to rebut the presumption of state protection and did not demonstrate persecution or need for protection.

Citation
TB0-05803
Parties
Principal Claimant: XXXXXXXXXX; Son: XXXXXXXXXXXXX; Daughter: XXXXXXXXXXXXXXXXX; Grandson: XXXXXXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 June 2011
Procedural Posture
Refugee Protection Convention Refugee Claim Under IRPA / Merits Decision by Refugee Protection Division
Outcome
Principal claimant accepted as a Convention refugee; son, daughter and grandson rejected (not Convention refugees and not persons in need of protection)
Legal Topics
State Protection, Domestic Violence, Ethnicity/racial Discrimination, Gender Based Persecution, Membership of a Particular Social Group (roma), Credibility Assessment, Burden of Proof, Country Condition Evidence
Source Language
English
Immigration Refugee Law Human Rights State Protection Domestic Violence Ethnicity/racial Discrimination Gender Based Persecution Membership of a Particular Social Group (roma) +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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXX

Son

XXXXXXXXXXXXXXXXX

Daughter

XXXXXXXXXXXXXXX

Grandson

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Convention Refugee Claim Under IRPA / Merits Decision by Refugee Protection Division

Legal Issues

  1. 1 credibility of principal claimant
  2. 2 whether treatment amounted to persecution
  3. 3 availability and reasonableness of state protection

Ratio Decidendi

The principal claimant was found credible and, given the perpetrator's association with Neo-Nazi actors and the realistic inability or unreasonableness of her to obtain state protection in her circumstances, she faces a serious possibility of persecution on Convention grounds (Roma/gender) and is a Convention refugee; by contrast, the son, daughter and grandson failed to rebut the presumption of state protection and did not demonstrate persecution or need for protection.

Court Disposition

Principal claimant accepted as a Convention refugee; son, daughter and grandson rejected (not Convention refugees and not persons in need of protection)

Orders

  • Principal claimant's refugee claim accepted pursuant to IRPA
  • Claims of the son, daughter and grandson rejected