TB1-07372

TB1-07372

The panel found the claimants not credible due to material inconsistencies and implausible conduct, and concluded they failed to rebut the presumption that Hungary can provide effective state protection; therefore they do not meet the tests in sections 96 and 97(1) of the IRPA and are not Convention refugees or persons in need of protection.

Citation
TB1-07372
Parties
Claimant: XXXX XXXX XXXX; Co Claimant (male Parent): XXXX XXXX XXXX; Co Claimant (female Parent): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 January 2013
Procedural Posture
Refugee Protection Claim (irpa) / Decision Following Hearing
Outcome
Claims denied
Legal Topics
Convention Refugee Determination, State Protection, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Asylum Convention Refugee Determination State Protection Credibility Assessment

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Co Claimant (male Parent)

XXXX XXXX

Co Claimant (female Parent)

Procedural Posture

Refugee Protection Claim (irpa) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees under sections 96 and 97(1) of the IRPA
  2. 2 Whether Hungary can provide effective state protection for Roma claimants
  3. 3 Whether the claimants' testimony is credible and sufficiently particular to meet evidentiary burdens

Ratio Decidendi

The panel found the claimants not credible due to material inconsistencies and implausible conduct, and concluded they failed to rebut the presumption that Hungary can provide effective state protection; therefore they do not meet the tests in sections 96 and 97(1) of the IRPA and are not Convention refugees or persons in need of protection.

Court Disposition

Claims denied

Orders

  • The refugee protection claims of the named claimants are denied.