TA8-21813

The claimant's experiences, taken cumulatively, constitute discrimination and harassment but not persecution; material inconsistencies undermined credibility; claimant failed to establish on the balance of probabilities that state protection in Hungary is unavailable or ineffective; therefore the claim fails.

Citation: TA8-21813
Parties: Claimant: XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 2 July 2010
Procedural Posture: Refugee Protection Claim Under Immigration and Refugee Protection Act Ss.96 and 97(1) / Hearing and Decision (refugee Protection Division)
Outcome: Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics: Persecution, State Protection, Discrimination, Ethnicity (roma), Convention Refugee, Person in Need of Protection, Credibility
Source Language: English

Immigration Law Refugee Law Human Rights Law Persecution State Protection Discrimination Ethnicity (roma) Convention Refugee +2 more

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Full judgment text Legal principles 4 Authorities cited 12 Party arguments 2

Parties

XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act Ss.96 and 97(1) / Hearing and Decision (refugee Protection Division)

Legal Issues

1 Whether the claimant is a Convention refugee
2 Whether discrimination and assaults alleged amount to persecution
3 Whether effective state protection is available in Hungary

Ratio Decidendi

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.

Orders

Refugee Protection Division rejects the claimant's protection claim.
Decision dated July 2, 2010 by Member Pasquale Fiorino.