TB5-08014

TB5-08014

Although the RPD erred by failing to analyze the cumulative effect of the Appellants' discriminatory experiences, the RAD conducted an independent assessment of the totality of evidence and found that, on a balance of probabilities, Hungary provides operational and adequate state protection mechanisms and remedial...

Source-derived case information.

Citation
TB5-08014
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 March 2016
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (confirmation/dismissal)
Outcome
Appeal dismissed; RPD decision confirmed pursuant to section 111(1)(a) IRPA
Legal Topics
Persecution, Discrimination, State Protection, Credibility, Country Conditions, Forward Looking Analysis, Cumulative Effect
Source Language
english
Immigration Law Refugee Law Human Rights Law Persecution Discrimination State Protection Credibility Country Conditions +2 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (confirmation/dismissal)

Legal Issues

  1. 1 Whether the RPD erred by failing to analyze the cumulative effect of discriminatory acts against the Appellants
  2. 2 Whether the RPD failed to conduct a proper forward-looking analysis including country conditions and risk to similarly-situated persons
  3. 3 Whether the Appellants are Convention refugees or persons in need of protection

Ratio Decidendi

Although the RPD erred by failing to analyze the cumulative effect of the Appellants' discriminatory experiences, the RAD conducted an independent assessment of the totality of evidence and found that, on a balance of probabilities, Hungary provides operational and adequate state protection mechanisms and remedial avenues such that the Appellants would not face persecution, risk to life, torture or cruel and unusual treatment on return; therefore the RAD confirmed the RPD decision and dismissed the appeal.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to section 111(1)(a) IRPA

Orders

  • Appeal dismissed and RPD determination confirmed (section 111(1)(a) of the Immigration and Refugee Protection Act)