CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Tubacos v. Canada (Minister of Citizenship and Immigration)
IMM-1373-01
2002 FCT 225, Kelen J.
28/2/02
7 pp.
Judicial review of CRDD's decision applicant not Convention refugee--Applicant citizen of Romania-- Claiming well-founded fear of persecution at hands of local police because of Roma ethnicity, involvement in Roma party, political organization--As issues raised related to fact, credibility, standard of review patent unreasonableness-- CRDD decision based on finding applicant not of Roma ethnicity because not conforming to stereotypical profile of Roma--CRDD's general description of Roma including dark skin, large families, no education, unemployed, marrying young--Application allowed--CRDD's decision patently unreasonable--Roma profile of dark skin perverse on face of record--IRB's documentary evidence citing expert evidence Roma having variety of complexions because of intermarriage --Finding applicant lacked knowledge about Roma people patently unreasonable based on applicant's evidence about Roma culture, traditions--Finding applicant not member of Roma Party patently unreasonable in light of viva voce, documentary evidence including membership card--CRDD dismissing applicant's account of persecution as not credible because finding applicant not credible regarding ethnicity--In view of Court's finding, no valid finding on fear of persecution.