TB7-08666

TB7-08666

The RAD allowed the appeal, set aside the RPD decision and substituted its own determination that the appellants are Convention refugees because the RPD's credibility findings were tainted by microscopic and overzealous reasoning, credible evidence showed cumulative discrimination rising to persecution on the basis of Roma ethnicity, and adequate state protection and any viable internal flight alternative were lacking in Hungary.

Citation
TB7-08666
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 June 2019
Procedural Posture
Refugee Appeal (redetermination) / Redetermination Before Refugee Appeal Division Following Federal Court Remittal
Outcome
Appeal allowed; RAD sets aside RPD decision and substitutes its own determination that the appellants are Convention refugees.
Legal Topics
Convention Refugee Status, Credibility Assessment, State Protection, Cumulative Discrimination, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Status Credibility Assessment State Protection Cumulative Discrimination +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (redetermination) / Redetermination Before Refugee Appeal Division Following Federal Court Remittal

Legal Issues

  1. 1 Whether RPD erred in credibility findings
  2. 2 Whether cumulative discrimination amounted to persecution on a Convention ground
  3. 3 Whether effective state protection or internal flight alternative existed

Ratio Decidendi

The RAD allowed the appeal, set aside the RPD decision and substituted its own determination that the appellants are Convention refugees because the RPD's credibility findings were tainted by microscopic and overzealous reasoning, credible evidence showed cumulative discrimination rising to persecution on the basis of Roma ethnicity, and adequate state protection and any viable internal flight alternative were lacking in Hungary.

Court Disposition

Appeal allowed; RAD sets aside RPD decision and substitutes its own determination that the appellants are Convention refugees.

Orders

  • RAD sets aside the December 5, 2016 RPD decision
  • RAD substitutes its own determination that the appellants are Convention refugees pursuant to s.111(1)(b) IRPA