TB9-14030

TB9-14030

The RAD upheld the RPD's material credibility findings which were not overturned on appeal, and concluded that the evidence did not establish that the Appellants face persecution rather than non‑systemic discrimination or a mere possibility of future harm; therefore the RPD decision to refuse refugee protection was confirmed.

Citation
TB9-14030
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 August 2019
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (rad)
Outcome
Appeals dismissed; RPD decision confirmed; Appellants found to be neither Convention refugees nor persons in need of protection
Legal Topics
Persecution, Credibility Assessment, State Protection, Discrimination Against Roma, Procedure for Hearings on Appeal
Source Language
English
Immigration Law Refugee Law Administrative Law Persecution Credibility Assessment State Protection Discrimination Against Roma Procedure for Hearings on Appeal

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 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether discrimination faced by the Appellants as Roma in Romania amounts to persecution under the 1951 Convention
  2. 2 Whether the RPD erred in its credibility findings and whether those findings were sufficient to dismiss the claims
  3. 3 Whether state protection in Romania is ineffective such that the Appellants face more than a mere possibility of persecution

Ratio Decidendi

The RAD upheld the RPD's material credibility findings which were not overturned on appeal, and concluded that the evidence did not establish that the Appellants face persecution rather than non‑systemic discrimination or a mere possibility of future harm; therefore the RPD decision to refuse refugee protection was confirmed.

Court Disposition

Appeals dismissed; RPD decision confirmed; Appellants found to be neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act