TA9-10463

TA9-10463

The panel found the claimants suffered discrimination and some physical attacks but the mistreatment did not amount to persecution; Hungary is a functioning democracy making serious efforts to protect Roma and the claimants failed to rebut the presumption of adequate state protection with clear and convincing evidence; therefore they are neither Convention refugees nor persons in need of protection.

Citation
TA9-10463
Parties
Principal Claimant: XXXXX XXXX; Second Claimant: XXXXXXX XXXXXX XXXXXX (a.k.a. XXXXXXX XXXX XXXXX XXXXX); Third Claimant (minor Son): XXXXX XXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 December 2010
Procedural Posture
Refugee Protection (irpa Ss.96,97(1)) / Decision (refugee Protection Division)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Roma Ethnicity, Discrimination Vs Persecution, State Protection, Country Conditions, Education Discrimination, Housing Discrimination, Police Conduct, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Public International Law Roma Ethnicity Discrimination Vs Persecution State Protection +5 more

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Parties

XXXXX XXXX

Principal Claimant

XXXXXXX XXXXXX XXXXXX (a.k.a. XXXXXXX XXXX XXXXX XXXXX)

Second Claimant

XXXXX XXXXX XXXX

Third Claimant (minor Son)

Procedural Posture

Refugee Protection (irpa Ss.96,97(1)) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Whether claimants are persons in need of protection
  3. 3 Whether discrimination and attacks alleged amount to persecution

Ratio Decidendi

The panel found the claimants suffered discrimination and some physical attacks but the mistreatment did not amount to persecution; Hungary is a functioning democracy making serious efforts to protect Roma and the claimants failed to rebut the presumption of adequate state protection with clear and convincing evidence; therefore they are neither 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 claimants' claims for refugee protection.