TB1-12833

TB1-12833

Despite identified credibility deficiencies on particular incidents, the panel accepted the claimants' Roma ethnicity and the majority of their allegations and found that country conditions in Hungary (documented discrimination and violent attacks against Roma, and reports of police abuse) combined with the claimants' history amount to a real risk of persecution, thus satisfying the Convention refugee test under IRPA sections 96 and 97(1).

Citation
TB1-12833
Parties
Principal Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 February 2014
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (reasons and Determination)
Outcome
Claimants determined to be Convention refugees; claim accepted.
Legal Topics
Convention Refugee Determination, Persecution on Account of Ethnicity, Credibility Assessment, Country Conditions
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Determination Persecution on Account of Ethnicity Credibility Assessment Country Conditions

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (reasons and Determination)

Legal Issues

  1. 1 Whether claimants meet the definition of Convention refugee under IRPA sections 96 and 97(1)
  2. 2 Whether claimants face a risk of persecution on account of Roma ethnicity
  3. 3 Whether specific allegations are credible and sufficiently corroborated

Ratio Decidendi

Despite identified credibility deficiencies on particular incidents, the panel accepted the claimants' Roma ethnicity and the majority of their allegations and found that country conditions in Hungary (documented discrimination and violent attacks against Roma, and reports of police abuse) combined with the claimants' history amount to a real risk of persecution, thus satisfying the Convention refugee test under IRPA sections 96 and 97(1).

Court Disposition

Claimants determined to be Convention refugees; claim accepted.

Orders

  • Claimants determined to be Convention refugees; claim accepted.