TB7-00225

TB7-00225

On the evidence and applying the UNHCR cumulative discrimination test as adopted in Horvath, the appellants suffered discrimination across education, employment, housing, healthcare and public life that, in aggregate, amounted to persecution; objective evidence and past persecution establish a serious possibility of persecution on return and the state cannot be shown to provide effective protection or an internal flight alternative, therefore the RPD decision is set aside and the appellants are Convention refugees.

Citation
TB7-00225
Parties
Principal Appellant: XXXX XXXX XXXX; Co Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 June 2018
Procedural Posture
Refugee Appeal Redetermination / Redetermination Decision by RAD Following Federal Court Order for Rehearing
Outcome
Appeal allowed; decision of the Refugee Protection Division set aside; appellants found to be Convention refugees and/or persons in need of protection.
Legal Topics
Refugee Determination, Persecution, Roma Discrimination, State Protection, Credibility Assessment, Internal Flight Alternative, Cumulative Discrimination
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Refugee Determination Persecution Roma Discrimination State Protection +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Co Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Redetermination / Redetermination Decision by RAD Following Federal Court Order for Rehearing

Legal Issues

  1. 1 Whether discrimination suffered by the appellants amounts to persecution
  2. 2 Whether there is a serious possibility of persecution if returned to Hungary
  3. 3 Whether the RPD's credibility findings were justified

Ratio Decidendi

On the evidence and applying the UNHCR cumulative discrimination test as adopted in Horvath, the appellants suffered discrimination across education, employment, housing, healthcare and public life that, in aggregate, amounted to persecution; objective evidence and past persecution establish a serious possibility of persecution on return and the state cannot be shown to provide effective protection or an internal flight alternative, therefore the RPD decision is set aside and the appellants are Convention refugees.

Court Disposition

Appeal allowed; decision of the Refugee Protection Division set aside; appellants found to be Convention refugees and/or persons in need of protection.

Orders

  • Set aside the decision of the Refugee Protection Division dated December 14, 2016
  • Find the appellants to be Convention refugees and/or persons in need of protection