Federal Court of Canada Upholds Roma Woman's Claims of State Protection Denial

Strategic Insights -

The Honourable Mr. Justice Richard F. Southcott has allowed an application for judicial review, setting aside a decision made by a Senior Immigration Officer that refused a Pre-Removal Risk Assessment (PRRA) application submitted by Erzsébet Lakatos, a Roma woman. The decision, dated February 26, 2024, had denied Lakatos' claims of risk in Hungary, asserting that she faced no more than a "mere possibility of persecution" if she were to return to her native country. However, the Federal Court has now ruled that the Officer's decision was unreasonable, finding that it failed to intelligibly analyze the availability of state protection to Lakatos.

Key Takeaways:

  • Erzsébet Lakatos, a Roma woman, submitted a PRRA application in August 2023, claiming fear of persecution and risk in Hungary due to her ethnicity and gender.
  • The Senior Immigration Officer refused the application on February 26, 2024, concluding that Lakatos faced no more than a "mere possibility of persecution" if she were to return to Hungary.
  • The Federal Court has allowed an application for judicial review, setting aside the Officer's decision and returning the case to another PRRA officer for redetermination.
  • The Court found that the Officer's decision was unreasonable, as it failed to intelligibly analyze the availability of state protection to Lakatos.
  • Lakatos' submissions raised issues about the Officer's assessment of her PRRA application under sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA).
  • The Court's consideration of these issues applied the standard of reasonableness, as informed by Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65.

Statistics:

  • Lakatos entered Canada in 2011 under her married name and at that time submitted a refugee claim based on her Roma ethnicity, which was dismissed in 2011.
  • She returned to Canada alone on September 30, 2022, and was found ineligible to make a refugee claim due to her prior claim.
  • Lakatos' PRRA application was submitted on August 28, 2023, and was refused on February 26, 2024.
  • The Federal Court has now allowed an application for judicial review, which will result in the case being returned to another PRRA officer for redetermination.

Sources:

  • Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65
  • Immigration and Refugee Protection Act, SC 2001, c 27