TB9-06398

TB9-06398

The RAD dismissed the appeal because the RPD reasonably found material and unexplained inconsistencies that undermined the Appellants' credibility on issues central to their claim, and absent credible, specific evidence the Appellants failed to establish that discrimination they faced as Roma in Hungary rose to the level of persecution or gave rise to a well‑founded fear of persecution.

Citation
TB9-06398
Parties
Principal Appellant: XXXX XXXX; Associate Appellant (spouse): XXXX XXXX; Associate Appellant (daughter): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 January 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Roma Discrimination, Cumulative Discrimination, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Convention Refugee Person in Need of Protection Credibility Assessment Roma Discrimination +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX

Associate Appellant (daughter)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the discrimination alleged against the Appellants as Roma rises to the level of persecution
  3. 3 Whether the RAD must assess objective risk independent of credibility findings

Ratio Decidendi

The RAD dismissed the appeal because the RPD reasonably found material and unexplained inconsistencies that undermined the Appellants' credibility on issues central to their claim, and absent credible, specific evidence the Appellants failed to establish that discrimination they faced as Roma in Hungary rose to the level of persecution or gave rise to a well‑founded fear of persecution.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision of February 11, 2019 confirmed
  • Appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act