TB8-04615

TB8-04615

The RAD dismissed the appeal because material credibility concerns (notably the Roma Self-Government letter predating the alleged eviction) and the appellants' unexplained failure to obtain corroborative evidence rebutted the Maldonado presumption; coupled with mixed but persuasive country evidence of concrete, operational state protection measures in Hungary, the appellants failed to prove on the balance of probabilities that state protection was not reasonably available, therefore the RPD decision is confirmed.

Citation
TB8-04615
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Male Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 March 2021
Procedural Posture
Refugee Appeal Redetermination (rad) Following Federal Court Remittal / Decision (redetermination)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Credibility and Corroboration, Procedural Fairness, Roma Discrimination, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Credibility and Corroboration Procedural Fairness Roma Discrimination Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

XXXX XXXX

Male Associate Appellant

Procedural Posture

Refugee Appeal Redetermination (rad) Following Federal Court Remittal / Decision (redetermination)

Legal Issues

  1. 1 Whether the appellants are Convention refugees under s.96 IRPA or persons in need of protection under s.97 IRPA
  2. 2 Whether the RPD correctly assessed credibility of the appellants' account of the Miskolc eviction
  3. 3 Whether the Maldonado presumption of truth has been rebutted by credibility concerns

Ratio Decidendi

The RAD dismissed the appeal because material credibility concerns (notably the Roma Self-Government letter predating the alleged eviction) and the appellants' unexplained failure to obtain corroborative evidence rebutted the Maldonado presumption; coupled with mixed but persuasive country evidence of concrete, operational state protection measures in Hungary, the appellants failed to prove on the balance of probabilities that state protection was not reasonably available, therefore the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; confirm Refugee Protection Division decision that appellants are neither Convention refugees nor persons in need of protection pursuant to paragraph 111(1)(a) IRPA