TB0-00155

TB0-00155

The claimants failed to rebut the strong presumption of state protection applicable to Hungary with clear and convincing evidence; credibility concerns about alleged incidents and documentary evidence of Hungarian measures to protect Roma lead to the conclusion that the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB0-00155
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXXXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 March 2012
Procedural Posture
Refugee Protection (irpa) / Decision
Outcome
Refugee claims rejected; claimants are not Convention refugees nor persons in need of protection.
Legal Topics
State Protection, Ethnic/roma Discrimination, Credibility Assessment, Convention Refugee Determination, Torture Definition
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law State Protection Ethnic/roma Discrimination Credibility Assessment Convention Refugee Determination +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

XXXX XXXX XXXX

Claimant

XXXXXXXX XXXX

Claimant

Procedural Posture

Refugee Protection (irpa) / Decision

Legal Issues

  1. 1 Whether the claimants are Convention refugees or persons in need of protection
  2. 2 Whether the claimants rebutted the presumption of state protection in Hungary
  3. 3 Credibility of the claimants' alleged incidents of physical attack and discrimination

Ratio Decidendi

The claimants failed to rebut the strong presumption of state protection applicable to Hungary with clear and convincing evidence; credibility concerns about alleged incidents and documentary evidence of Hungarian measures to protect Roma lead to the conclusion that the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Refugee claims rejected; claimants are not Convention refugees nor persons in need of protection.

Orders

  • Claims for refugee protection dismissed