2019 RLLR 60

2019 RLLR 60

The claimants, all credibly established as ethnic Roma, demonstrated through testimony and corroborating country‑condition documentation that discrimination in Hungary is widespread and affects core rights and that the state and police do not provide adequate protection; consequently the presumption of state protection is rebutted and the claimants have a well‑founded fear of persecution and qualify as Convention refugees.

Citation
2019 RLLR 60
Parties
Principal Claimant: [XXX]; Spouse: [XXX]; Minor Child (represented by Principal Claimant): [XXX]; Parent: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
14 June 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Hearing and Decision Rendered by Refugee Protection Division
Outcome
Claimants found to be Convention refugees under section 96 of the IRPA
Legal Topics
Convention Refugee, State Protection, Ethnic Discrimination (roma), Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee State Protection Ethnic Discrimination (roma) Internal Flight Alternative Credibility Assessment

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Parties

[XXX]

Principal Claimant

[XXX]

Spouse

[XXX]

Minor Child (represented by Principal Claimant)

[XXX]

Parent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Hearing and Decision Rendered by Refugee Protection Division

Legal Issues

  1. 1 whether the claimants qualify as Convention refugees
  2. 2 credibility and identity of the claimants
  3. 3 whether discrimination amounts to persecution versus ordinary discrimination

Ratio Decidendi

The claimants, all credibly established as ethnic Roma, demonstrated through testimony and corroborating country‑condition documentation that discrimination in Hungary is widespread and affects core rights and that the state and police do not provide adequate protection; consequently the presumption of state protection is rebutted and the claimants have a well‑founded fear of persecution and qualify as Convention refugees.

Court Disposition

Claimants found to be Convention refugees under section 96 of the IRPA

Orders

  • Refugee protection claims accepted and claimants designated as Convention refugees pursuant to s.96 IRPA
  • Principal claimant designated as representative for the minor; hearing concluded