TB6-11413

TB6-11413

On independent review the RAD found that the Appellants rebutted the presumption of state protection: documentary and country evidence (including the NDP and RIRs) establish systemic discrimination and ineffective operational police protection for Roma in Hungary, creating a real risk of persecution linked to race; accordingly the RAD set aside the RPD decision and substituted its determination that the Appellants are Convention refugees under section 96 IRPA.

Citation
TB6-11413
Parties
Appellant Principal Appellant: XXXX XXXX XXXX; Appellant Spouse: XXXX XXXX XXXX; Appellant Son: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 January 2018
Procedural Posture
Refugee Appeal (rad Redetermination) / Decision on Redetermination of Appeal
Outcome
Appeal allowed; RPD decision set aside; RAD substitutes determination that the Appellants are Convention refugees.
Legal Topics
State Protection, Persecution, Ethnic/racial Discrimination (roma), Admissibility of New Evidence, Standard of Review
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law State Protection Persecution Ethnic/racial Discrimination (roma) Admissibility of New Evidence +1 more

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Parties

XXXX XXXX XXXX

Appellant Principal Appellant

XXXX XXXX XXXX

Appellant Spouse

XXXX XXXX

Appellant Son

Procedural Posture

Refugee Appeal (rad Redetermination) / Decision on Redetermination of Appeal

Legal Issues

  1. 1 Should the RAD admit the proposed new evidence?
  2. 2 What is the standard of review to be applied by the RAD?
  3. 3 Did the RPD err in its assessment of state protection for Roma in Hungary?

Ratio Decidendi

On independent review the RAD found that the Appellants rebutted the presumption of state protection: documentary and country evidence (including the NDP and RIRs) establish systemic discrimination and ineffective operational police protection for Roma in Hungary, creating a real risk of persecution linked to race; accordingly the RAD set aside the RPD decision and substituted its determination that the Appellants are Convention refugees under section 96 IRPA.

Court Disposition

Appeal allowed; RPD decision set aside; RAD substitutes determination that the Appellants are Convention refugees.

Orders

  • Pursuant to paragraph 111(1)(b) of the IRPA the RAD sets aside the determination of the RPD and substitutes its determination that the Appellants are Convention refugees.