Should the person/s described below be accepted as a Convention Refugee (s. 96 of theIRPA)?

Remember, a well-founded fear of persecution must relate to one of the five reasons in the definition - race, religion, nationality, membership in a particular social group or political opinion. If you need more information in order to render your determination, note your questions. Try, however, to prepare an opinion concerning the case addressing all elements of the refugee definition as well as the reasons for your conclusions.

Remember to refer to relevant guidelines and case law, as applicable, to support your opinion. In addition to the readings in Module 6 Unit 1, you may wish to consult theInterpretation of the convention refugee definition in the case law, published by the IRB (March 31, 2019).

Emelia is a young woman and a member of a minority ethnic community in her country of origin. Several years ago, when Emelia was twelve years old, her uncle was stalked and threatened by neo-Nazi skinheads. Although Emelia's family reported the incident to the police, a full investigation was never conducted. Just recently Emelia's home was vandalized by members of the majority ethnic group. Emelia herself has been unable to find employment, despite her professional training in nursing. Although she has submitted countless job applications, she has not been invited to even one interview. Emelia believes she has been denied the opportunity to work because of her last name, which clearly identifies her as a member of the minority ethic community. Emelia applied for a Canadian temporary resident permit on the pretext of visiting an Aunt in Montreal. Her plane transited through New York, where it made a brief stop. On arrival at Pierre Elliott International Airport, Emilia communicated her intention to seek asylum.