TB1-08004

TB1-08004

The claims are dismissed because the panel found the claimants' testimony to be not sufficiently credible and trustworthy, and on the totality of documentary and testimonial evidence the claimants failed to rebut the presumption that Hungary can and does provide adequate state protection to Roma; accordingly they are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97(1) IRPA.

Citation
TB1-08004
Parties
Claimant: XXXX XXXX XXXXX; Spouse Claimant: XXX XXXX XXX; Minor Claimant: XXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 November 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (reasons and Decision)
Outcome
Refugee protection claims dismissed; claimants are not Convention refugees and are not persons in need of protection under section 96 or subsection 97(1) of the IRPA.
Legal Topics
State Protection, Credibility, Roma Discrimination, Convention Refugee, Convention Against Torture (cat), Burden of Proof
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law State Protection Credibility Roma Discrimination Convention Refugee +2 more

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Parties

XXXX XXXX XXXXX

Claimant

XXX XXXX XXX

Spouse Claimant

XXXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (reasons and Decision)

Legal Issues

  1. 1 Credibility of witnesses
  2. 2 Adequacy of state protection
  3. 3 Identity and ethnicity (Roma)

Ratio Decidendi

The claims are dismissed because the panel found the claimants' testimony to be not sufficiently credible and trustworthy, and on the totality of documentary and testimonial evidence the claimants failed to rebut the presumption that Hungary can and does provide adequate state protection to Roma; accordingly they are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97(1) IRPA.

Court Disposition

Refugee protection claims dismissed; claimants are not Convention refugees and are not persons in need of protection under section 96 or subsection 97(1) of the IRPA.

Orders

  • Claims for refugee protection denied
  • Findings apply to claimant, spouse claimant and minor claimant (dependent claims)