Conka v. Canada (Citizenship and Immigration), 2013 FC 892 (2013)

Parts:Conka v. Canada (Citizenship and Immigration)
Reporting Judge:The Honourable Mr. Justice Manson
Docket Number:IMM-10961-12
 
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Federal Court - Conka v. Canada (Citizenship and Immigration)

Source: http://decisions.fct-cf.gc.ca/en/2013/2013fc892/2013fc892.html

Date: 20130822

Docket: IMM-10961-12

Citation: 2013 FC 892

Ottawa , Ontario , August 22, 2013

PRESENT: The Honourable Mr. Justice Manson

BETWEEN:

GEJZA CONKA, NADEZDA CONKOVA, STELA CONKOVA, AND OTILIA CONKOVA

Applicants

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1] This is an application for judicial review of the decision of a member of the Refugee Protection Division of the Immigration and Refugee Protection Board [the Board], pursuant to subsection 72(1) of the Immigration and Refugee Protection Act , SC 2001, c 27 [the Act]. The Board dismissed the Applicants’ claim for refugee protection, concluding that they were not convention refugees or persons in need of protection under sections 96 and 97 of the Act.

I. Background

[2] The Applicants are a family of Slovakian citizens, consisting of a father [the Principal Applicant, or PA], his wife, their daughter and their son. They are of Roma ethnicity.

[3] According to the PA’s Personal Information Form [PIF] narrative filed on September 19, 2011, the Applicants have faced discrimination and racism throughout their lives in Slovakia. The key instances of alleged persecution are:

• In 2006, the PA’s wife and children were refused medical care and the PA’s wife was told to sterilize herself so that she would not have Roma children in the future;

• The Roma colony in which the Applicants lived was attacked every Friday. Rocks were thrown into their windows and they were verbally abused;

• The Applicants were refused access to public transportation and attacked based on their Roma ethnicity;

• In 2005, when the PA was employed as a construction worker, his coworkers started bullying him, writing racial taunts on his locker and changing the water temperature when he was showering; and

• The Applicants lived on the outskirts of a forest and could not go into the city or restaurants because of the abuse they faced.

[4] As a result of this persecution, the Applicants fled to Canada, claiming refugee status on August 25, 2011.

[5] In his testimony before the Board, the PA stated that he had never been physically attacked nor had his home been attacked or suffered damage, as it was somewhat protected within a Roma colony. The PA further testified that he had never had any personal...

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