CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Szostak v. Canada (Minister of Citizenship and Immigration)
IMM-3161-00
2001 FCT 938, Lemieux J.
23/8/01
12 pp.
Application for judicial review of CRDD decision rejecting refugee claim--Applicant Polish citizen claiming well-founded fear of persecution because of Roma nationality--Tribunal found, on balance of probabilities, not Polish Rom; inadequate evidence applicant perceived as Rom in Poland (light skin; difficulty in speaking Rom language with interpreter; more educated than average Rom in Poland; had Polish friends; holiday trip to Canada); found applicant had lied about return to Poland from Canada in 1997--Application allowed--Tribunal ignored evidence: applicant had testified extensively on certain aspects of Romany culture; came from region with specific dialect which interpreter did not know; fact uncle paid part of trip to Canada--Tribunal misapprehended some evidence: applicant did not say he spoke Polish without accent, said he spoke well but that Romany people speak little bit different; applicant not exceptional in getting schooling: 20% of Romany children attend school; Roma of southern Poland had fewer contacts with other groups and consequently less familiar with other dialects--Tribunal engaged in stereotyping as to lightness of skin, fluency in speaking Romani, education, Polish friends.