TB6-06410

TB6-06410

The RAD, applying the correctness standard, found no legal error in the RPD's assessment: the RPD's credibility findings were sustainable, the proven discriminatory incidents did not amount to persecution on a balance of probabilities, and the Slovak Republic provides state protection and remedial mechanisms such that the appellants failed to rebut the presumption of protection; therefore the RPD decision denying refugee protection is confirmed.

Citation
TB6-06410
Parties
Appellant (principal): XXXX XXXX; Appellant (spouse): XXXX XXXX XXXX; Appellant (minor Child): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 August 2016
Procedural Posture
Refugee Protection Appeal / Refugee Appeal Division Decision (rad Confirms Rpd)
Outcome
Appeal dismissed; RAD confirms RPD decision pursuant to subsection 111(1)(a) IRPA
Legal Topics
State Protection, Persecution Vs Discrimination, Credibility Findings, Standard of Review, Roma Discrimination
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Persecution Vs Discrimination Credibility Findings Standard of Review Roma Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant (principal)

XXXX XXXX XXXX

Appellant (spouse)

XXXX XXXX

Appellant (minor Child)

Procedural Posture

Refugee Protection Appeal / Refugee Appeal Division Decision (rad Confirms Rpd)

Legal Issues

  1. 1 Whether the RPD erred in assessing state protection for Roma appellants
  2. 2 Whether cumulative discrimination amounted to persecution
  3. 3 Whether credibility findings by the RPD were sustainable

Ratio Decidendi

The RAD, applying the correctness standard, found no legal error in the RPD's assessment: the RPD's credibility findings were sustainable, the proven discriminatory incidents did not amount to persecution on a balance of probabilities, and the Slovak Republic provides state protection and remedial mechanisms such that the appellants failed to rebut the presumption of protection; therefore the RPD decision denying refugee protection is confirmed.

Court Disposition

Appeal dismissed; RAD confirms RPD decision pursuant to subsection 111(1)(a) IRPA

Orders

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