TB4-09753

TB4-09753

The Panel rejected the Claimants' allegations of two attacks and related police and medical interactions due to material inconsistencies and unexplained omissions, found the remaining evidence showed societal discrimination but not persecution, and held that country condition evidence did not establish that all Hungarian Roma face a risk amounting to persecution; therefore the Claimants are neither Convention refugees nor persons in need of protection.

Citation
TB4-09753
Parties
Claimant: XXXX XXXX XXXX XXXX; Common Law Spouse: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 December 2014
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Decision Following Hearing
Outcome
Claims rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Country Condition Evidence, Roma Discrimination
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Country Condition Evidence Roma Discrimination

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Common Law Spouse

XXXX XXXX

Minor Claimant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Claimants are Convention refugees under s.96 of the Immigration and Refugee Protection Act
  2. 2 Whether the Claimants are persons in need of protection under s.97 of the Immigration and Refugee Protection Act
  3. 3 Whether the Claimants' testimony is credible and sufficiently corroborated

Ratio Decidendi

The Panel rejected the Claimants' allegations of two attacks and related police and medical interactions due to material inconsistencies and unexplained omissions, found the remaining evidence showed societal discrimination but not persecution, and held that country condition evidence did not establish that all Hungarian Roma face a risk amounting to persecution; therefore the Claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected

Orders

  • Claims are rejected