TA9-18741

TA9-18741

The claims are rejected because the primary claimant lacked credibility on core facts and failed to provide clear and convincing evidence that Hungary cannot protect its citizens; Hungary offers functioning remedies and the claimants did not exhaust reasonable domestic protection options, so they are not Convention refugees nor persons in need of protection.

Citation
TA9-18741
Parties
Claimant: XXXX XXXXX; Claimant (common Law Spouse): XXXXX XXXXX; Minor Claimant: XXXXXX XXXXX; Designated Representative: XXXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 September 2011
Procedural Posture
Refugee Protection Claim / Decision (reasons and Decision)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Persecution, State Protection, Discrimination, Credibility, Roma (ethnicity), Country Conditions
Source Language
English
Immigration Refugee Law Human Rights Persecution State Protection Discrimination Credibility Roma (ethnicity) +1 more

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Parties

XXXX XXXXX

Claimant

XXXXX XXXXX

Claimant (common Law Spouse)

XXXXXX XXXXX

Minor Claimant

XXXXXX XXXXX

Designated Representative

Procedural Posture

Refugee Protection Claim / Decision (reasons and Decision)

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Distinction between discrimination and persecution
  3. 3 Availability and adequacy of state protection

Ratio Decidendi

The claims are rejected because the primary claimant lacked credibility on core facts and failed to provide clear and convincing evidence that Hungary cannot protect its citizens; Hungary offers functioning remedies and the claimants did not exhaust reasonable domestic protection options, so they are not Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee Protection Division rejects the claims of XXXX XXXXX, XXXXX XXXXX and XXXXXX XXXXX