2023 RLLR 74

2023 RLLR 74

On the evidence the claimants, as Roma, established a credible subjective fear and an objective basis that systemic, sustained discrimination and violence in Hungary amounts to persecution; state protection is inadequate and internal relocation is not reasonable, therefore they qualify as convention refugees under...

Source-derived case information.

Citation
2023 RLLR 74
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
28 December 2023
Procedural Posture
Refugee Protection Claim (convention Refugee) / Hearing and Decision (reasons Delivered)
Outcome
Claim allowed; claimants found to be convention refugees under s.96 of the IRPA
Legal Topics
Convention Refugee, Roma Discrimination, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
english
Immigration Law Refugee Law Human Rights Administrative Law Convention Refugee Roma Discrimination State Protection Internal Flight Alternative +1 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee) / Hearing and Decision (reasons Delivered)

Legal Issues

  1. 1 Identity and nationality
  2. 2 Nexus between harm and protected ground (Roma ethnicity)
  3. 3 Credibility of claimant

Ratio Decidendi

On the evidence the claimants, as Roma, established a credible subjective fear and an objective basis that systemic, sustained discrimination and violence in Hungary amounts to persecution; state protection is inadequate and internal relocation is not reasonable, therefore they qualify as convention refugees under IRPA s.96.

Court Disposition

Claim allowed; claimants found to be convention refugees under s.96 of the IRPA

Orders

  • Claimants' refugee claims accepted; claimants found to be convention refugees pursuant to Section 96 of the IRPA