TB4-07210

TB4-07210

The claims were rejected because the Claimants' oral testimony was found not credible due to numerous material inconsistencies and omissions, the psychotherapist report was given little weight as untested and partly based on self-report, the Claimants failed to produce available corroborating police or medical evidence, and country documentation did not establish that Hungarian Roma as a class face persecution sufficient to satisfy ss.96 or 97 of the IRPA; on the balance of probabilities the Claimants did not establish their claims.

Citation
TB4-07210
Parties
Claimant: XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 November 2014
Procedural Posture
Refugee Claim (convention Refugee and Person in Need of Protection) / Hearing and Decision (final)
Outcome
Claims rejected; Claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Roma Discrimination, Country Conditions, Expert Evidence
Source Language
English
Immigration Refugee Law Administrative Law Evidence Convention Refugee Person in Need of Protection Credibility Roma Discrimination +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Claim (convention Refugee and Person in Need of Protection) / Hearing and Decision (final)

Legal Issues

  1. 1 Whether the Claimants are Convention refugees under s.96 of the IRPA
  2. 2 Whether the Claimants are persons in need of protection under s.97 of the IRPA
  3. 3 Whether Claimants' testimony is credible and trustworthy

Ratio Decidendi

The claims were rejected because the Claimants' oral testimony was found not credible due to numerous material inconsistencies and omissions, the psychotherapist report was given little weight as untested and partly based on self-report, the Claimants failed to produce available corroborating police or medical evidence, and country documentation did not establish that Hungarian Roma as a class face persecution sufficient to satisfy ss.96 or 97 of the IRPA; on the balance of probabilities the Claimants did not establish their claims.

Court Disposition

Claims rejected; Claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Claims rejected and dismissed