TB8-18823

TB8-18823

The RAD allowed the appeal, holding that despite some credibility concerns they were not determinative; the Appellants' experiences of discrimination in housing, healthcare, education and employment, together with violent racist incidents and corroborating country documentation, establish a well-founded fear of persecution on the basis of Roma ethnicity; state protection in Hungary is inadequate and no internal flight alternative exists, therefore the RPD decision is set aside and the RAD finds the Appellants to be Convention refugees.

Citation
TB8-18823
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 December 2019
Procedural Posture
Refugee Appeal to the Refugee Appeal Division / Decision on Appeal (rad)
Outcome
Appeal allowed; RPD decision set aside; appellants declared Convention refugees.
Legal Topics
Credibility Assessment, Persecution (cumulative Discrimination), State Protection, Internal Flight Alternative, Reavailment
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Credibility Assessment Persecution (cumulative Discrimination) State Protection Internal Flight Alternative +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal to the Refugee Appeal Division / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings
  2. 2 Whether discriminatory treatment alleged amounted to persecution on the basis of Roma ethnicity (cumulative persecution)
  3. 3 Whether the state of Hungary provides adequate protection

Ratio Decidendi

The RAD allowed the appeal, holding that despite some credibility concerns they were not determinative; the Appellants' experiences of discrimination in housing, healthcare, education and employment, together with violent racist incidents and corroborating country documentation, establish a well-founded fear of persecution on the basis of Roma ethnicity; state protection in Hungary is inadequate and no internal flight alternative exists, therefore the RPD decision is set aside and the RAD finds the Appellants to be Convention refugees.

Court Disposition

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

Orders

  • Set aside the Refugee Protection Division determination dated July 18, 2018.
  • Pursuant to paragraph 111(1)(b) of the IRPA, substitute the RAD's determination that the Appellants are Convention refugees.