Pluhar v. Canada ( Minister of Citizenship and Immigration )
IMM-5334-98
Evans J.
27/8/99
5 pp.
Judicial review of CRDD's refusal of Convention refugee status-Applicants married couple from Czech Republic-Claiming refugee status based on well-founded fear of persecution in Czech Republic by reason of perceived Roma ethnicity of female applicant-Based on assessment of appearance at hearing (tanned, heavily made-up), in photograph, CRDD rejected application after concluding as light-skinned person, would not be perceived as Roma by Czech public, authorities-CRDD claiming to use common sense in assessing physical appearance of female applicant, disclaiming expertise in physiological characteristics of Roma, acknowledging variations in physical traits of Roma-Stating determination based on all evidence before it, including male applicant's testimony-But referring documentary evidence to effect Gypsies usually identified in Czech Republic by dark skin, and having found female applicant's skin not dark, rejected claims-CRDD erred in law by effectively basing decision on assessment female applicant not dark skinned, especially since claimed no relevant expertise-Inherently dangerous for CRDD members to base finding on whether people in another country would regard claimant as of particular ethnicity solely on basis of members' observation of person concerned-Since female applicant having black hair, tanned, CRDD's "common sense" approach insufficiently reliable basis for assessment of such sensitive matter-Racists may be able to identify person as member of minority group by physical characteristics that would not necessarily be apparent to people in other countries-CRDD not attempting to determine credibility of either claimant on basis of evidence about attacks to which claimed to have been subjected by virtue of female applicant's perceived ethnicity-Application allowed.