MA3-00426

MA3-00426

The panel found the claimants to be Hungarian citizens but rejected their core evidence as not credible or plausible, in particular the female claimant's asserted Roma membership and the male claimant's claim of ongoing risk following arrest and dropped charges; on that basis the panel concluded there was no well‑founded fear of persecution nor a danger of torture or risk to life and dismissed the claims under sections 96 and 97 of the IRPA.

Citation
MA3-00426
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 August 2007
Procedural Posture
Refugee Protection Convention Refugee Claim / Decision by Refugee Protection Division
Outcome
Refugee claims dismissed; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Convention Refugee, Membership in a Particular Social Group, Ethnic Discrimination (roma), Risk of Torture, Arbitrary Arrest and Detention, Credibility Assessment, Burden of Proof
Source Language
English
Immigration Refugee Law Nationality Law Human Rights Criminal Law Convention Refugee Membership in a Particular Social Group Ethnic Discrimination (roma) +4 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Convention Refugee Claim / Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimants are members of a protected group (Roma)
  2. 2 Credibility and plausibility of the claimants' evidence
  3. 3 Whether claimants have a well-founded fear of persecution on return

Ratio Decidendi

The panel found the claimants to be Hungarian citizens but rejected their core evidence as not credible or plausible, in particular the female claimant's asserted Roma membership and the male claimant's claim of ongoing risk following arrest and dropped charges; on that basis the panel concluded there was no well‑founded fear of persecution nor a danger of torture or risk to life and dismissed the claims under sections 96 and 97 of the IRPA.

Court Disposition

Refugee claims dismissed; claimants are not Convention refugees and are not persons in need of protection

Orders

  • Refugee claims denied; no protection granted