Mr. Morani doesn't fall under the provisions of A112(2), or A112(3), and is eligible to apply for PRRA. Mr. Morani has no previous refugee or PRRA claims, so he could present all the personal and documentary evidence available to him at this time. Considering all the information given in the scenario, his application will be assessed against the requirements of the Convention refugee definition in A96 and the removal order will be suspended until the decision has been made by the officer.

Mr. Morani has no criminal record and no previous refugee claims thus he is not subject to exclusion under A98 of IRPA. In assessing his application, the PRRA officer will consider all the elements of the Convention refugee definition. All the elements need to be established for the protection to be granted, namely the:

• Well-founded fear of persecution o(Subjective component/test-credibility) o(Objective component/test)
• Persecution o(agents of persecution)

o(obligation to avail himself of state protection/state's inability to provide protection)

• Nexus to one of the Convention grounds (race, nationality, religion, membership in a particular social group, political opinion)
• Reasonable IFA

Mr. Jozsef Morani is a Romanian citizen and has no other nationalities. Mr. Morani came to Canada legally and had maintained his temporary status as a worker throughout his stay. Five months before the expiry of Mr. Morani's last work visa, his passport expired and he applied for renewal. However, Romanian Consulate was to slow in processing it and when Mr. Morani received it, his work permit had expired. He is currently in Canada and is a subject to an exclusion order, and since he is not eligible to apply for refugee protection, he would like to apply for PRRA.

Mr. Morani has suffered discrimination since birth, and has been denied enjoyment of basic human rights. Both personal and objective evidence indicate that the laws protecting basic human rights and freedoms in the country have been enforced discriminatory against the members of Roma population. Considering both, his history of lengthy periods of unemployment and current country conditions, it is highly unlikely that Mr. Morani will be able to find employment and support his existence if returned to Romania. He submits an official record of employment to support this allegation.

In 2008, Mr. Morani was attacked on the subway by a group of skinheads who spat on him, broke his glasses and cell phone and tore his clothing. They yelled that he was a stinky Gipsy and would die. Terrified he ran and reported the incident to the police, but the police officers would rude to him and did not even start an investigation.

Please draft written submissions as well. In those submissions, please clearly answer the following questions:

1. Why would I be at risk if I was returned to my country of nationality or habitual residence?
2. What kind of risks would I face and why?
3. How do these risks concern me directly and personally?
4. Could I escape these risks by moving to another city or region of my country?
5. How does my situation compare with the situation of the rest of the population in my country of nationality or habitual residence?

Please draft 3 pieces of documentary evidence from the following (These documents will be created by you for the purposes of this assignment):

• Magazine or newspaper articles describing the situation in your country
• Legal documents
• Police documents
• Medical documents
• Personal documents
• Written testimonies
• Personal letters

Additionally, fill in the Use of a Representative (IMM 5476)form based on a class mate whom will act as representative.

Once the class has completed their forms and documents, each student will present their findings for discussion with the class. Every student must participate.

Hand in documents for marking.

Answer rating: 100% (QA)

Written Submissions Why would I be at risk if I was returned to my country of nationality or habitual residence If Mr Morani is returned to Romania he would be at risk of facing continued discriminati... View the full answer