TB4-00950

TB4-00950

The RAD confirmed the RPD because, on the record and accepted new evidence, the appellants failed to rebut the presumption of adequate state protection in Hungary with clear and convincing evidence; Hungary remains a functioning democracy with operational police and judicial mechanisms capable of providing state protection; the new evidence, while admissible, did not raise a credibility issue central enough to require an oral hearing or to overturn the RPD's determination.

Citation
TB4-00950
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 September 2016
Procedural Posture
Refugee Appeal (rad Redetermination) / Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Designated Country of Origin (dco) Jurisdiction, Admissibility of New Evidence (s.110(4) Irpa), Request for Oral Hearing (s.110(6) Irpa), Standard of Review for RAD
Source Language
English
Immigration Refugee Law Administrative Law State Protection Designated Country of Origin (dco) Jurisdiction Admissibility of New Evidence (s.110(4) Irpa) Request for Oral Hearing (s.110(6) Irpa) Standard of Review for RAD

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (rad Redetermination) / Decision

Legal Issues

  1. 1 Whether adequate state protection is available in Hungary for LGBTI claimants
  2. 2 Whether the RAD should admit new evidence under s.110(4) IRPA
  3. 3 Whether an oral hearing is required under s.110(6) IRPA

Ratio Decidendi

The RAD confirmed the RPD because, on the record and accepted new evidence, the appellants failed to rebut the presumption of adequate state protection in Hungary with clear and convincing evidence; Hungary remains a functioning democracy with operational police and judicial mechanisms capable of providing state protection; the new evidence, while admissible, did not raise a credibility issue central enough to require an oral hearing or to overturn the RPD's determination.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • RAD confirms RPD determination that appellants are neither Convention refugees nor persons in need of protection pursuant to s.96 and s.97(1) of the IRPA
  • Application for an oral hearing is denied