TB5-11613

TB5-11613

Applying Huruglica the RAD conducted an independent assessment, found the RPD's credibility findings were microscopic and unreasonable, found the RPD erred in discounting medical documents for absence of explicit causal wording, and on country evidence and UNHCR guidance concluded that cumulative discrimination against Roma in Hungary can amount to persecution; accordingly the RAD set aside the RPD decision and substituted a finding that the appellants are Convention refugees.

Citation
TB5-11613
Parties
Principal Appellant: XXXX XXXX; Spouse (appellant): XXXX XXXX; Minor Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 February 2016
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Substitution Appeal Under S.111(1)(b) IRPA Following RPD Negative Decision
Outcome
RPD determination set aside; RAD substitutes its determination that the appellants are Convention refugees pursuant to s.111(1)(b) IRPA
Legal Topics
Credibility Assessment, Cumulative Discrimination, Persecution, Natural Justice, Standard of Review, Country Conditions (hungary)
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Cumulative Discrimination Persecution Natural Justice +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Spouse (appellant)

XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Substitution Appeal Under S.111(1)(b) IRPA Following RPD Negative Decision

Legal Issues

  1. 1 Whether the RPD erred in credibility findings
  2. 2 Whether the RPD improperly considered cumulative discrimination without giving notice and used the wrong test
  3. 3 Whether the RPD erred by drawing negative inferences from absence of detail in medical documents

Ratio Decidendi

Applying Huruglica the RAD conducted an independent assessment, found the RPD's credibility findings were microscopic and unreasonable, found the RPD erred in discounting medical documents for absence of explicit causal wording, and on country evidence and UNHCR guidance concluded that cumulative discrimination against Roma in Hungary can amount to persecution; accordingly the RAD set aside the RPD decision and substituted a finding that the appellants are Convention refugees.

Court Disposition

RPD determination set aside; RAD substitutes its determination that the appellants are Convention refugees pursuant to s.111(1)(b) IRPA

Orders

  • Set aside the Refugee Protection Division decision and substitute the determination that the appellants are Convention refugees pursuant to section 111(1)(b) of the Immigration and Refugee Protection Act