TB0-05175

TB0-05175

The claimants failed to establish, on a balance of probabilities, a serious possibility of persecution or a risk of torture/cruel and unusual treatment because the incidents alleged amounted to discrimination not persecution, the claimants were generally not credible, and they failed to rebut the strong presumption that Hungary provides adequate state protection for Roma.

Citation
TB0-05175
Parties
Principal Claimant: XXXXXXXXXX (a.k.a. XXXXXX) XXXXXXXXXXX; Common Law Spouse / Co Claimant: XXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 November 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (reasons and Decision)
Outcome
Refugee claim dismissed; claimants not found to be Convention refugees nor persons in need of protection under sections 96 or 97(1) of the IRPA.
Legal Topics
Persecution, State Protection, Credibility, Discrimination, Risk of Torture, Convention Refugee, Section 96 IRPA, Section 97(1) IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Persecution State Protection Credibility Discrimination +4 more

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Parties

XXXXXXXXXX (a.k.a. XXXXXX) XXXXXXXXXXX

Principal Claimant

XXXXXXXX

Common Law Spouse / Co Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of IRPA
  2. 2 Whether the claimants are persons in need of protection under section 97(1) of IRPA (risk to life, torture, cruel and unusual treatment)
  3. 3 Whether incidents alleged constitute persecution rather than discrimination

Ratio Decidendi

The claimants failed to establish, on a balance of probabilities, a serious possibility of persecution or a risk of torture/cruel and unusual treatment because the incidents alleged amounted to discrimination not persecution, the claimants were generally not credible, and they failed to rebut the strong presumption that Hungary provides adequate state protection for Roma.

Court Disposition

Refugee claim dismissed; claimants not found to be Convention refugees nor persons in need of protection under sections 96 or 97(1) of the IRPA.

Orders

  • Refugee claim dismissed
  • No protection granted under sections 96 or 97(1) IRPA