TB1-07825

TB1-07825

The claimants failed to rebut the presumption of adequate state protection in Hungary because they did not take all reasonable steps to seek protection domestically and the documentary evidence demonstrates Hungary provides operational protection and oversight mechanisms; therefore the claims are rejected.

Citation
TB1-07825
Parties
Male Claimant: XXXX XXXX XXXX; Female Claimant: XXXX XXXX XXX; Minor Claimant: XXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 October 2012
Procedural Posture
Refugee Protection (immigration and Refugee Protection Act S.96 and S.97(1)) / Decision (refugee Protection Division Reasons and Decision)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
State Protection, Roma Discrimination, Exhaustion of Domestic Remedies, Country Conditions
Source Language
English
Immigration Refugee Law Human Rights State Protection Roma Discrimination Exhaustion of Domestic Remedies Country Conditions

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Parties

XXXX XXXX XXXX

Male Claimant

XXXX XXXX XXX

Female Claimant

XXXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection (immigration and Refugee Protection Act S.96 and S.97(1)) / Decision (refugee Protection Division Reasons and Decision)

Legal Issues

  1. 1 Whether the claimants are Convention refugees or persons in need of protection
  2. 2 Whether state protection in Hungary is adequate for Roma claimants
  3. 3 Whether the claimants exhausted or took all reasonable steps to seek domestic protection

Ratio Decidendi

The claimants failed to rebut the presumption of adequate state protection in Hungary because they did not take all reasonable steps to seek protection domestically and the documentary evidence demonstrates Hungary provides operational protection and oversight mechanisms; therefore the claims are rejected.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee claims of all three claimants rejected by the Refugee Protection Division
  • Minor claimant's claim dismissed as derivative of adult claimants' allegations