TB5-02893

TB5-02893

Claimants, established as ethnic Roma and found credible, face systemic discrimination and racially-motivated violence in Slovakia amounting to persecution; the evidence (country reports and testimony) rebutted the presumption of state protection on a clear and convincing basis and showed no viable internal flight alternative, therefore the claimants meet the Convention refugee definition.

Citation
TB5-02893
Parties
Claimant: XXXX XXXX; Co Claimant (spouse): XXXX XXXX; Minor Claimant: XXXX; Respondent: Refugee Protection Officer
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 May 2015
Procedural Posture
Refugee Protection Claim / Hearing Decision
Outcome
Claims accepted; claimants found to be Convention refugees.
Legal Topics
Convention Refugee, Persecution, State Protection, Roma Discrimination, Educational Segregation, Racially Motivated Assault, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Convention Refugee Persecution State Protection Roma Discrimination +3 more

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Parties

XXXX XXXX

Claimant

XXXX XXXX

Co Claimant (spouse)

XXXX

Minor Claimant

Refugee Protection Officer

Respondent

Procedural Posture

Refugee Protection Claim / Hearing Decision

Legal Issues

  1. 1 Whether claimants, as ethnic Roma, face persecution in Slovakia
  2. 2 Whether alleged discrimination amounts to persecution
  3. 3 Whether state protection is available or the presumption of protection is rebutted

Ratio Decidendi

Claimants, established as ethnic Roma and found credible, face systemic discrimination and racially-motivated violence in Slovakia amounting to persecution; the evidence (country reports and testimony) rebutted the presumption of state protection on a clear and convincing basis and showed no viable internal flight alternative, therefore the claimants meet the Convention refugee definition.

Court Disposition

Claims accepted; claimants found to be Convention refugees.

Orders

  • Claims accepted; claimants are convention refugees pursuant to ss.96 and 97(1) of the Immigration and Refugee Protection Act.