CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Bursuc v. Canada (Minister of Citizenship and Immigration)
IMM-5706-01
2002 FCT 957, Dawson J.
11/9/02
7 pp.
Judicial review of CRDD finding Bursuc family not Convention refugees, notwithstanding credible testimony-- Family of Roma minority in Romania--Mr. Bursuc subject to discrimination, marginalism, mockery--Left Romania for Austria in 1989--Returned to Romania on several occasions (to marry, visit family, and politically active member of Party of Roma People (PRP))--In 1997 PRP meeting disrupted by police, Mr. Bursuc beaten, abused in prison cell--In 1999 Mr. Bursuc again beaten by police, detained and beaten, tortured, forced to sign false confession of crime--Left Romania for Austria following this event--CRDD found Bursuc family not intending to sever ties with Romania and did not consider persecution serious before 1999 incident, as they visited from time to time, bought apartment in 1996--Therefore concentrated on events after 1999--Found 1999 event criminal act of extortion by police but not persecution-- Application allowed--CRDD obliged to consider whether cumulative acts of harassment or discrimination amount to persecution: Madelat v. Canada (Minister of Employment and Immigration) (1991), 179 N.R. 94 (F.C.A.)--"Cumulative grounds" can justify claim of well-founded fear of persecution --Test not whether applicant showed intention to sever ties with country of origin, but whether applicant had well-founded fear of persecution--Not unusual for claimants to maintain ties with country of origin until culminating incident causing them to flee--Panel erred in considering only evidence of culminating incident excluding prior evidence-- Panel obliged to consider cumulative effect of whole of evidence--Re: panel's finding no nexus between conduct of police in 1999 and Convention ground (race, including persons of identi-iable ethnicity), panel properly considered alleged persecutory conduct from perspective of police but erred in limiting analysis to political opinion and not considering ethnicity--"But for" his Roma ethnicity, alleged conduct would not have occurred: Rajudeen v. Canada (Minister of Employment and Immigration) (1984), 55 N.R. 129 (F.C.A.).