TB8-18349

TB8-18349

The RAD found the RPD's microscopic credibility findings unjustified, accepted the appellants' testimony as credible when viewed with corroborating country documentation showing systemic and cumulative discrimination against Roma and rebuttal of state protection, concluded appellants have a well-founded fear of persecution and no viable internal flight alternative, and therefore set aside the RPD decision and declared them Convention refugees pursuant to s.111(1)(b) IRPA.

Citation
TB8-18349
Parties
Appellant: XXXX XXXX; Appellant (minor): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 December 2019
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Reviewing Refugee Protection Division Decision
Outcome
Appeal allowed; RPD decision set aside; RAD substitutes its own determination that the Appellants are Convention refugees under s.111(1)(b) IRPA.
Legal Topics
Credibility Assessment, State Protection, Internal Flight Alternative, Roma Discrimination, Cumulative Persecution, Standard of Review
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Credibility Assessment State Protection Internal Flight Alternative Roma Discrimination +2 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division Reviewing Refugee Protection Division Decision

Legal Issues

  1. 1 Whether RPD's adverse credibility findings were reasonable
  2. 2 Whether discriminatory acts against Roma cumulatively amount to persecution
  3. 3 Whether state protection in Slovakia is available and effective

Ratio Decidendi

The RAD found the RPD's microscopic credibility findings unjustified, accepted the appellants' testimony as credible when viewed with corroborating country documentation showing systemic and cumulative discrimination against Roma and rebuttal of state protection, concluded appellants have a well-founded fear of persecution and no viable internal flight alternative, and therefore set aside the RPD decision and declared them Convention refugees pursuant to s.111(1)(b) IRPA.

Court Disposition

Appeal allowed; RPD decision set aside; RAD substitutes its own determination that the Appellants are Convention refugees under s.111(1)(b) IRPA.

Orders

  • RPD decision dated July 18, 2018 set aside
  • RAD substitutes its own determination that the Appellants are Convention refugees pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act