2024 RLLR 1

2024 RLLR 1

On the balance of probabilities the claimants, as Roma, face a serious possibility of persecution in the Czech Republic because of systemic and sustained discrimination in education, employment and housing; the state is not an adequate protector and no internal flight alternative exists; therefore each claimant qualifies as a Convention refugee under section 96.

Citation
2024 RLLR 1
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
30 January 2024
Procedural Posture
Refugee Protection Claim / Decision
Outcome
All four claims accepted; each claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act
Legal Topics
Persecution, Ethnicity Discrimination, State Protection, Internal Flight Alternative, Credibility, Nexus
Source Language
English
Immigration Law Refugee Law Human Rights Law Persecution Ethnicity Discrimination State Protection Internal Flight Alternative Credibility +1 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether claimants face a well-founded fear of persecution
  2. 2 Whether there is nexus between fear and Convention ground (ethnicity)
  3. 3 Whether state protection is available

Ratio Decidendi

On the balance of probabilities the claimants, as Roma, face a serious possibility of persecution in the Czech Republic because of systemic and sustained discrimination in education, employment and housing; the state is not an adequate protector and no internal flight alternative exists; therefore each claimant qualifies as a Convention refugee under section 96.

Court Disposition

All four claims accepted; each claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act

Orders

  • All four claims (TC3-31371, TC3-31372, TC3-31373, TC3-31374) are accepted and each claimant is found to be a Convention refugee
  • Claims were joined pursuant to RPG Rule 55