MA8-12456

MA8-12456

The claimant failed to produce clear and convincing evidence that Hungarian state protection was unavailable or ineffective; her single police report was recorded and there exist statutory, judicial and NGO remedies for Roma in Hungary; alleged discrimination did not amount to persecution; therefore she is neither a Convention refugee nor a person in need of protection.

Citation
MA8-12456
Parties
Claimant: XXXXX XXXXX; Adjudicator: Me Mélanie Raymond; Tribunal Officer: Annie Lemaine
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 November 2009
Procedural Posture
Refugee Protection / Decision
Outcome
Refugee protection claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection Adequacy, Membership of a Particular Social Group (roma), Burden and Standard of Proof
Source Language
English
Refugee Law Immigration Human Rights Discrimination State Protection Administrative Law Convention Refugee Person in Need of Protection +3 more

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Parties

XXXXX XXXXX

Claimant

Me Mélanie Raymond

Adjudicator

Annie Lemaine

Tribunal Officer

Procedural Posture

Refugee Protection / Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of IRPA
  2. 2 Whether claimant is a person in need of protection under subsection 97(1) of IRPA
  3. 3 Whether state protection in Hungary is adequate and accessible

Ratio Decidendi

The claimant failed to produce clear and convincing evidence that Hungarian state protection was unavailable or ineffective; her single police report was recorded and there exist statutory, judicial and NGO remedies for Roma in Hungary; alleged discrimination did not amount to persecution; therefore she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Refugee protection claim rejected

Orders

  • Refugee protection claim rejected