Canada Immigration Case-law Canada, Orsos, IMMIGRATION — Refugee status — Requirements by Joy Stephen, Polinsys

Editorial Caselaws Leave a Comment

Judgement for this Case: Click here!

IMMIGRATION — Refugee status — Requirements — Applicant was 25-year-old Romani citizen of Hungary who claimed to have well-founded fear of persecution on account of her Roma ethnicity and her experiences as victim of domestic and gender-based violence — Applicant was raised in foster care and government institutions until age of 19 — While attending school and in government care, applicant was mistreated and discriminated against because of her Roma ethnicity — To avoid prostitution, applicant agreed to relationship with Z — That relationship soon turned violent and applicant suffered emotional and physical abuse — Z and his brother came to Canada and made refugee claims — Applicant followed two weeks later — Z continued to abuse applicant in Canada and, after police involvement, was eventually deported — Z threatened to kill applicant if she returned to Hungary — Refugee Protection Division (“RPD”) found applicant was neither convention refugee nor person in need of protection — RPD held that applicant had failed to rebut presumption of state protection — Applicant applied for judicial review of decision — Application granted — RPD’s decision was unclear as to how child psychologist, children’s aid worker, or applicant’s sister could have provided applicant with state protection after she was abused by Z, and became victim of sex-trafficking — Those agencies had no responsibility for her once she reached age of majority — RPD stated that applicant had greater education than most Roma but failed to explain how applicant’s education spoke to state protection — RPD did not analyze whether seeking state protection was reasonable option given applicant’s circumstances — Reasons of RPD failed to meet transparency criteria

Leave a Reply