TB3-06285

TB3-06285

The panel dismissed the claims because the claimants failed to discharge the onus on both subjective and objective components: credibility was undermined by failure to claim in the United States, unexplained delay in seeking protection, and voluntary returns to Hungary; the incidents described did not amount to persecution and there was insufficient objective risk to satisfy ss.96 or 97 IRPA, therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB3-06285
Parties
Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 March 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (rpd Reasons and Decision)
Outcome
Claims dismissed; claimants found neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Delay, Failure to Claim, Reavailment, Persecution, Ethnic Discrimination (roma), Risk Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Delay Failure to Claim +4 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (rpd Reasons and Decision)

Legal Issues

  1. 1 Whether claimants established identity and nationality
  2. 2 Credibility of claimants' testimony
  3. 3 Delay in making refugee claims and failure to claim in other jurisdictions

Ratio Decidendi

The panel dismissed the claims because the claimants failed to discharge the onus on both subjective and objective components: credibility was undermined by failure to claim in the United States, unexplained delay in seeking protection, and voluntary returns to Hungary; the incidents described did not amount to persecution and there was insufficient objective risk to satisfy ss.96 or 97 IRPA, therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims dismissed; claimants found neither Convention refugees nor persons in need of protection.

Orders

  • Refugee claims dismissed; claimants are neither Convention refugees nor persons in need of protection.