2021 RLLR 89

2021 RLLR 89

The claimant was found credible, presented corroborating documents and country documentation showing systemic anti-Roma discrimination and rising nationalist violence; the Board concluded on clear and convincing evidence that Hungarian authorities are unable or unwilling to protect Roma and that no reasonable internal flight alternative exists, therefore the claimant is a Convention refugee under s.96 IRPA.

Citation
2021 RLLR 89
Parties
Claimant: XXXX XXXX XXXX; Spouse: XXXX XXXX; Country of Origin/respondent: Hungary; Decision Maker (member, Refugee Protection Division): Gregory Israelstam
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
13 May 2021
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claim for protection accepted; claimant recognized as a Convention refugee pursuant to s.96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, State Protection, Credibility Assessment, Roma Discrimination, Membership of a Particular Social Group, Race, Internal Flight Alternative, Domestic Violence
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee State Protection Credibility Assessment Roma Discrimination Membership of a Particular Social Group +3 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX

Spouse

Hungary

Country of Origin/respondent

Gregory Israelstam

Decision Maker (member, Refugee Protection Division)

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Credibility of claimant testimony
  2. 2 Whether the state is unable or unwilling to protect
  3. 3 Whether there is an objective basis for fear of persecution

Ratio Decidendi

The claimant was found credible, presented corroborating documents and country documentation showing systemic anti-Roma discrimination and rising nationalist violence; the Board concluded on clear and convincing evidence that Hungarian authorities are unable or unwilling to protect Roma and that no reasonable internal flight alternative exists, therefore the claimant is a Convention refugee under s.96 IRPA.

Court Disposition

Claim for protection accepted; claimant recognized as a Convention refugee pursuant to s.96 of the Immigration and Refugee Protection Act.

Orders

  • Claim for protection accepted; claimant recognized as a Convention refugee pursuant to s.96 IRPA
  • Decision to be mailed to the claimant