TA9-00698

TA9-00698

Claim rejected because claimant failed to prove on a balance of probabilities that state protection in Hungary is inadequate with clear and convincing evidence and material credibility failures and omissions meant the alleged discrimination and incidents did not amount to persecution.

Citation
TA9-00698
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX XXXXX; Claimant: XXX XXXXXXXXXXXX; Claimant: (a.k.a.XXXX XXXX XXX XXXX); Claimant: XXXX XXXX XXXX XXX; Claimant: (a.k.a.XXXX XXXX XXXX XXXX)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 November 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (sections 96 and 97(1)) / Hearing (oct 27, 2011); Reasons and Decision Issued (nov 23, 2011)
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection under sections 96 or 97(1) of the IRPA.
Legal Topics
State Protection, Credibility Assessment, Gender Related Persecution, Ethnic Discrimination (roma), Burden of Proof
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law State Protection Credibility Assessment Gender Related Persecution Ethnic Discrimination (roma) +1 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXXX

Claimant

XXX XXXXXXXXXXXX

Claimant

(a.k.a.XXXX XXXX XXX XXXX)

Claimant

XXXX XXXX XXXX XXX

Claimant

(a.k.a.XXXX XXXX XXXX XXXX)

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (sections 96 and 97(1)) / Hearing (oct 27, 2011); Reasons and Decision Issued (nov 23, 2011)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant faces a risk to life, torture or cruel and unusual treatment
  3. 3 Whether discrimination and attacks amount to persecution

Ratio Decidendi

Claim rejected because claimant failed to prove on a balance of probabilities that state protection in Hungary is inadequate with clear and convincing evidence and material credibility failures and omissions meant the alleged discrimination and incidents did not amount to persecution.

Court Disposition

Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection under sections 96 or 97(1) of the IRPA.

Orders

  • Refugee Protection Division rejects the claimant's refugee protection claim (Decision dated November 23, 2011)
  • Claims of co-claimants based on same facts are also dismissed