TA9-24381

TA9-24381

The principal claimant's evidence was insufficient, non‑specific and lacked corroboration; he only approached police once in 1995 and did not provide clear and convincing evidence that state protection in Hungary is inadequate. Given Hungary's functioning democratic institutions, anti‑discrimination frameworks and state programs for Roma, the presumption of state protection was not rebutted and the claimants do not face a serious possibility of persecution.

Citation
TA9-24381
Parties
Claimant Principal: XXXXXXXXXX; Claimant Minor Child: XXXXXXXXXXXX; Claimant Minor Child: XXXXXXXXXXX; Claimant Minor Child: XXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 December 2011
Procedural Posture
Refugee Protection (irpa Ss.96,97(1)) / Decision (reasons and Decision)
Outcome
All claims rejected; claimants are not Convention refugees or persons in need of protection.
Legal Topics
State Protection, Ethnicity, Discrimination Vs. Persecution, Credibility, Children, Educational Discrimination
Source Language
English
Refugee Protection Immigration Human Rights Administrative Law State Protection Ethnicity Discrimination Vs. Persecution Credibility +2 more

Case Brief

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Parties

XXXXXXXXXX

Claimant Principal

XXXXXXXXXXXX

Claimant Minor Child

XXXXXXXXXXX

Claimant Minor Child

XXXXXXXXXX

Claimant Minor Child

Procedural Posture

Refugee Protection (irpa Ss.96,97(1)) / Decision (reasons and Decision)

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Whether discriminatory acts constitute persecution
  3. 3 Availability and adequacy of state protection

Ratio Decidendi

The principal claimant's evidence was insufficient, non‑specific and lacked corroboration; he only approached police once in 1995 and did not provide clear and convincing evidence that state protection in Hungary is inadequate. Given Hungary's functioning democratic institutions, anti‑discrimination frameworks and state programs for Roma, the presumption of state protection was not rebutted and the claimants do not face a serious possibility of persecution.

Court Disposition

All claims rejected; claimants are not Convention refugees or persons in need of protection.

Orders

  • All claims are rejected; not Convention refugees or persons in need of protection.