MB4-05263

MB4-05263

Even accepting the RPD's credibility findings to a degree, the documentary record demonstrates that Roma in Albania face widespread, systemic discrimination across education, employment, housing and health that produces substantially prejudicial consequences and a cumulative effect amounting to persecution on the...

Source-derived case information.

Citation
MB4-05263
Parties
Appellant: XXXX XXXX; Appellant (minor): XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister of Public Safety and Emergency Preparedness of Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 June 2015
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (no RAD Hearing Held)
Outcome
Appeal allowed; RPD determination set aside and substituted
Legal Topics
Exclusion Clause 1 E, Credibility Assessment, Persecution Vs Discrimination, Internal Flight Alternative, State Protection, Standards of Appellate Review
Source Language
en
Immigration Law Refugee Law Administrative Law Exclusion Clause 1 E Credibility Assessment Persecution Vs Discrimination Internal Flight Alternative State Protection +1 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Appellant (minor)

XXXX XXXX

Designated Representative

Minister of Public Safety and Emergency Preparedness of Canada

Respondent

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (no RAD Hearing Held)

  1. 1 Whether the RPD erred in assessing the appellants' credibility
  2. 2 Whether the RPD erred in concluding that discrimination against Roma in Albania did not amount to persecution
  3. 3 Whether exclusion clause 1E applied

Ratio Decidendi

Even accepting the RPD's credibility findings to a degree, the documentary record demonstrates that Roma in Albania face widespread, systemic discrimination across education, employment, housing and health that produces substantially prejudicial consequences and a cumulative effect amounting to persecution on the ground of nationality; there is no viable internal flight alternative and state protection is inadequate; therefore the appellants are Convention refugees under section 96 IRPA and the RPD's conclusion to the contrary was reviewable and set aside.

Court Disposition

Appeal allowed; RPD determination set aside and substituted

Orders

  • Set aside the RPD decision dated October 16, 2014
  • Substitute determination that XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX are Convention refugees under section 96 of the IRPA