TB6-04077

RAD confirmed the RPD: the adult appellants were not credible based on material contradictions and omissions, and the appellants failed to rebut the presumption of state protection in Hungary; accordingly they are neither Convention refugees nor persons in need of protection and the appeal is dismissed.

Citation: TB6-04077
Parties: Principal Appellant: XXXX XXXX; Co Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court: Refugee Appeal Division
Jurisdiction: Canada
Judgment Date: 9 August 2016
Procedural Posture: Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal (rad Confirmation or Substitution Under S.111(1)(a) Irpa)
Outcome: Appeal dismissed; RPD decision confirmed.
Legal Topics: Credibility Findings, State Protection, Standard of Review, Refugee Status Determination
Source Language: English

Immigration Law Refugee Law Administrative Law Credibility Findings State Protection Standard of Review Refugee Status Determination

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2

Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Co Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal (rad Confirmation or Substitution Under S.111(1)(a) Irpa)

Legal Issues

1 Whether the RPD erred in its credibility findings regarding the adult appellants
2 Whether the appellants rebutted the presumption of state protection in Hungary
3 What standard of review the RAD must apply to RPD findings in absence of live credibility issues

Ratio Decidendi

Court Disposition

Appeal dismissed; RPD decision confirmed.

Orders

Appeal dismissed.
Decision of the Refugee Protection Division dated February 8, 2016 is confirmed.