TB9-16933

TB9-16933

The RAD determined that the Appellants credibly established a pattern of cumulative discrimination across housing, education, employment and health that would produce substantially prejudicial consequences amounting to persecution on return to Hungary, and that state protection and an internal flight alternative are unavailable; accordingly the RAD set aside the RPD decision and found the Appellants to be Convention refugees.

Citation
TB9-16933
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Counsel for the Persons Who Are the Subject of the Appeal: John W Grice; Counsel for the Minister: Minister (represented)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 January 2020
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Panel Decision (appeal Heard; Reasons and Decision Issued)
Outcome
Appeal allowed; RPD decision set aside; Appellants declared Convention refugees.
Legal Topics
Convention Refugee, Persecution, Discrimination, State Protection, Internal Flight Alternative, Roma Rights
Source Language
English
Immigration Refugee Law Human Rights Law Convention Refugee Persecution Discrimination State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX

Designated Representative

John W Grice

Counsel for the Persons Who Are the Subject of the Appeal

Minister (represented)

Counsel for the Minister

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Panel Decision (appeal Heard; Reasons and Decision Issued)

Legal Issues

  1. 1 Whether discrimination against Roma in Hungary amounts to persecution
  2. 2 Whether state protection is available to the Appellants in Hungary
  3. 3 Whether there is an internal flight alternative within Hungary

Ratio Decidendi

The RAD determined that the Appellants credibly established a pattern of cumulative discrimination across housing, education, employment and health that would produce substantially prejudicial consequences amounting to persecution on return to Hungary, and that state protection and an internal flight alternative are unavailable; accordingly the RAD set aside the RPD decision and found the Appellants to be Convention refugees.

Court Disposition

Appeal allowed; RPD decision set aside; Appellants declared Convention refugees.

Orders

  • Pursuant to s.111(1)(b) IRPA set aside the determination of the RPD and substitute the RAD's determination that the Appellants are Convention refugees.