TA9-12900

TA9-12900

The claimants' assertions lacked credible corroboration (medical record inconsistent with alleged assault; no police reports produced) and documentary evidence showed Hungary provides adequate state protection and is taking measures to address Roma discrimination; therefore the claimants failed to rebut the presumption of state protection with clear and convincing evidence and are neither Convention refugees nor persons in need of protection.

Citation
TA9-12900
Parties
Claimant: XXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 February 2012
Procedural Posture
Refugee Protection Claim (irpa Ss.96,97) / Decision (refugee Protection Division)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
State Protection, Persecution Based on Ethnicity (roma), Credibility Findings, Convention Refugee, Person in Need of Protection, Torture/ill Treatment
Source Language
English
Immigration Refugee Law Human Rights Law Administrative Law State Protection Persecution Based on Ethnicity (roma) Credibility Findings Convention Refugee +2 more

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Parties

XXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Whether claimants are persons in need of protection
  3. 3 Whether state protection in Hungary is inadequate for Roma claimants

Ratio Decidendi

The claimants' assertions lacked credible corroboration (medical record inconsistent with alleged assault; no police reports produced) and documentary evidence showed Hungary provides adequate state protection and is taking measures to address Roma discrimination; therefore the claimants failed to rebut the presumption of state protection with clear and convincing evidence and are neither Convention refugees nor persons in need of protection.

Court Disposition

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

Orders

  • Refugee protection claims rejected by the Refugee Protection Division.