VA8-04995

VA8-04995

Although the claimants are members of a particular social group as home educators, the German compulsory school attendance law is a neutral law of general application enacted and enforced to achieve legitimate social objectives in a democratic state; its enforcement and penalties are progressive, proportionate and have been independently reviewed by German courts and the European Court of Human Rights, and therefore do not amount to persecution or to a risk of torture or cruel and unusual treatment such that removal to Germany would engage s.96 or s.97 protection.

Citation
VA8-04995
Parties
Principal Claimant: XXXXX XXXXX; Associated Claimant: XXXXX XXXXX; Minor Claimant: XXXXX XXXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 June 2010
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act (s.96 and S.97) / Hearing and Reasons/decision (final)
Outcome
Claimants' refugee protection claims denied
Legal Topics
Home Schooling, Particular Social Group, Mandatory School Attendance, Persecution, Penalties and Enforcement, Custody Removal, Margin of Appreciation
Source Language
English
Immigration Law Refugee Law Human Rights Law Education Law Administrative Law Home Schooling Particular Social Group Mandatory School Attendance +4 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Associated Claimant

XXXXX XXXXX

Minor Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act (s.96 and S.97) / Hearing and Reasons/decision (final)

Legal Issues

  1. 1 Whether claimants are members of a Convention ground (particular social group)
  2. 2 Whether German compulsory school attendance law and its enforcement constitute persecution
  3. 3 Whether penalties (fines, imprisonment, custody removal) amount to persecution or risk under s.97

Ratio Decidendi

Although the claimants are members of a particular social group as home educators, the German compulsory school attendance law is a neutral law of general application enacted and enforced to achieve legitimate social objectives in a democratic state; its enforcement and penalties are progressive, proportionate and have been independently reviewed by German courts and the European Court of Human Rights, and therefore do not amount to persecution or to a risk of torture or cruel and unusual treatment such that removal to Germany would engage s.96 or s.97 protection.

Court Disposition

Claimants' refugee protection claims denied

Orders

  • Claimants are not Convention refugees under section 96 and are not persons in need of protection under subsection 97(1); removal to Germany is permitted