TB8-04606

TB8-04606

The RAD found the appellants credible on a balance of probabilities, concluded that the cumulative discrimination, violence and country conditions for Roma in Poland amounted to a serious risk of persecution, determined state protection was inadequate and Warsaw did not offer a viable IFA, and therefore set aside the RPD decision and substituted a finding that the appellants are Convention refugees under s.111(1)(b) IRPA.

Citation
TB8-04606
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 September 2019
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal (substitution Under S.111(1)(b))
Outcome
Appeal allowed; RPD determination set aside; appellants found to be Convention refugees
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Cumulative Discrimination, Credibility
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Persecution State Protection Internal Flight Alternative +2 more

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 5 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal (substitution Under S.111(1)(b))

Legal Issues

  1. 1 Whether cumulative discrimination and violence against Roma amounted to persecution
  2. 2 Whether state protection in Poland was adequate and operationally effective
  3. 3 Whether a viable internal flight alternative (IFA) existed in Warsaw

Ratio Decidendi

The RAD found the appellants credible on a balance of probabilities, concluded that the cumulative discrimination, violence and country conditions for Roma in Poland amounted to a serious risk of persecution, determined state protection was inadequate and Warsaw did not offer a viable IFA, and therefore set aside the RPD decision and substituted a finding that the appellants are Convention refugees under s.111(1)(b) IRPA.

Court Disposition

Appeal allowed; RPD determination set aside; appellants found to be Convention refugees

Orders

  • Set aside the RPD determination and substitute a determination that the appellants are Convention refugees pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act (IRPA).