TB1-12610

Claimants' allegations were not credible in material respects and they failed to adduce clear and convincing evidence to rebut the presumption of adequate state protection in Hungary; therefore they are neither Convention refugees nor persons in need of protection under sections 96 and 97(1) IRPA.

Citation: TB1-12610
Parties: Claimant: XXXX XXXX XXX; Co Claimant (common Law Partner): XXXXX XXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 6 November 2012
Procedural Posture: Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Bench Decision With Written Reasons Issued Next Day
Outcome: Claims denied; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics: Convention Refugee, State Protection, Credibility, Request for Postponement
Source Language: English

Immigration Refugee Law Administrative Law Convention Refugee State Protection Credibility Request for Postponement

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Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2

Parties

XXXX XXXX XXX

Claimant

XXXXX XXXX

Co Claimant (common Law Partner)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Bench Decision With Written Reasons Issued Next Day

Legal Issues

1 Whether claimants established a serious possibility of persecution on Convention grounds
2 Whether the claimant rebutted the presumption of adequate state protection
3 Credibility of the claimant's testimony and documentary evidence

Ratio Decidendi

Court Disposition

Claims denied; claimants are neither Convention refugees nor persons in need of protection.