TA9-23935

TA9-23935

The claim is denied because the claimant's testimony was found not credible due to multiple internal inconsistencies and admitted embellishments, and because he failed to adduce clear and convincing evidence to rebut the presumption that Hungary can provide effective state protection for Roma; objective evidence demonstrates available remedies and state measures, so no well‑founded fear of persecution was established.

Citation
TA9-23935
Parties
Claimant / Asylum Claimant: XXXX XXXX XXXX; Principal Claimant (mother) Joined Claim: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 February 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Final Decision (reasons and Decision)
Outcome
Claim denied — claimant is not a Convention refugee nor a person in need of protection
Legal Topics
Credibility, State Protection Presumption and Rebuttal, Ethnic Discrimination (roma), Family Violence / Domestic Abuse
Source Language
English
Immigration Refugee Law Human Rights Credibility State Protection Presumption and Rebuttal Ethnic Discrimination (roma) Family Violence / Domestic Abuse

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Parties

XXXX XXXX XXXX

Claimant / Asylum Claimant

XXXX XXXX

Principal Claimant (mother) Joined Claim

Procedural Posture

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

Legal Issues

  1. 1 Credibility of the claimant's testimony and internal inconsistencies
  2. 2 Whether claimant rebutted the presumption of adequate state protection in Hungary
  3. 3 Risk of persecution or serious harm to Roma on return

Ratio Decidendi

The claim is denied because the claimant's testimony was found not credible due to multiple internal inconsistencies and admitted embellishments, and because he failed to adduce clear and convincing evidence to rebut the presumption that Hungary can provide effective state protection for Roma; objective evidence demonstrates available remedies and state measures, so no well‑founded fear of persecution was established.

Court Disposition

Claim denied — claimant is not a Convention refugee nor a person in need of protection

Orders

  • Claim for refugee protection denied.