TB6-11416

TB6-11416

The RAD admitted the new Fourth Opinion on Hungary under s.110(4) IRPA, found the cumulative discrimination against Roma shown in the record and new evidence amounts to persecution on a balance of probabilities, concluded the appellants successfully rebutted the presumption of adequate state protection (ETA and IPCB are ineffective), and therefore set aside the RPD decision and substituted a finding that the appellants are Convention refugees pursuant to s.111(1)(b) IRPA.

Citation
TB6-11416
Parties
Principal Appellant: XXXX XXXX XXXXXXXXXXXX XXXX; Spouse Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 November 2016
Procedural Posture
Refugee Protection Appeal (rad) / Final Determination on Appeal Substituting RPD Decision Under S.111(1)(b) IRPA
Outcome
RAD sets aside RPD decision and substitutes its determination that the Appellants are Convention refugees
Legal Topics
Convention Refugee, State Protection, Persecution, Credibility Assessment, Admissibility of New Evidence, Cumulative Discrimination
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee State Protection Persecution Credibility Assessment Admissibility of New Evidence +1 more

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Parties

XXXX XXXX XXXXXXXXXXXX XXXX

Principal Appellant

XXXX XXXX

Spouse Appellant

Procedural Posture

Refugee Protection Appeal (rad) / Final Determination on Appeal Substituting RPD Decision Under S.111(1)(b) IRPA

Legal Issues

  1. 1 Admissibility of new evidence under s.110(4) IRPA
  2. 2 Credibility assessment by the RPD
  3. 3 Assessment of subjective fear and delay in leaving country

Ratio Decidendi

The RAD admitted the new Fourth Opinion on Hungary under s.110(4) IRPA, found the cumulative discrimination against Roma shown in the record and new evidence amounts to persecution on a balance of probabilities, concluded the appellants successfully rebutted the presumption of adequate state protection (ETA and IPCB are ineffective), and therefore set aside the RPD decision and substituted a finding that the appellants are Convention refugees pursuant to s.111(1)(b) IRPA.

Court Disposition

RAD sets aside RPD decision and substitutes its determination that the Appellants are Convention refugees

Orders

  • Admit the Fourth Opinion on Hungary as new evidence under s.110(4) IRPA
  • Set aside the Refugee Protection Division decision and substitute the RAD's determination that the Appellants are Convention refugees pursuant to s.111(1)(b) IRPA