TA9-24326

TA9-24326

Although the claimants proved they experienced discrimination and at least one racially motivated assault, the Panel concluded that Hungary is a functioning democracy with available protection mechanisms, the claimants failed to exhaust reasonable domestic remedies and did not provide clear and convincing evidence that state protection was inadequate; therefore the discrimination did not amount to persecution and the claims are rejected.

Citation
TA9-24326
Parties
Principal Claimant: XXXXXXXXXX; Claimant (female): XXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 April 2012
Procedural Posture
Refugee Protection – Convention Refugee and Person in Need of Protection Under IRPA / Hearing and Decision (refugee Protection Division)
Outcome
Refugee claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
State Protection, Discrimination Vs Persecution, Nexus to Convention Grounds, Exhaustion of Domestic Remedies, Minority/ethnicity (roma)
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law State Protection Discrimination Vs Persecution Nexus to Convention Grounds Exhaustion of Domestic Remedies +1 more

Case Brief

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Parties

XXXXXXXXXX

Principal Claimant

XXXXXXXXXXXX

Claimant (female)

XXXXXXXXXXXXXX

Minor Claimant

Procedural Posture

Refugee Protection – Convention Refugee and Person in Need of Protection Under IRPA / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 IRPA
  2. 2 Whether discrimination experienced by Roma claimants amounts to persecution
  3. 3 Whether there is nexus between harm complained of and Convention grounds (race/nationality/particular social group)

Ratio Decidendi

Although the claimants proved they experienced discrimination and at least one racially motivated assault, the Panel concluded that Hungary is a functioning democracy with available protection mechanisms, the claimants failed to exhaust reasonable domestic remedies and did not provide clear and convincing evidence that state protection was inadequate; therefore the discrimination did not amount to persecution and the claims are rejected.

Court Disposition

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

Orders

  • The refugee claims of XXXXXXXXXX (principal claimant), XXXXXXXXXXXX (female claimant), XXXXXXXXXXXXXX and XXXXXXXXXXXXXX (minor claimants) are rejected.
  • No protection granted under sections 96 or 97 of the IRPA.