TB0-03467

TB0-03467

On the totality of the evidence the panel found the claimants failed to rebut the presumption of state protection with clear and convincing evidence; Hungary has laws, institutions and mechanisms (criminal provisions, prosecutions, IPCB, ombudsmen, anti-discrimination programs and remedy routes) sufficient to constitute adequate state protection in the claimants' circumstances, therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB0-03467
Parties
Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 July 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following Hearing
Outcome
Refugee Protection Division rejects the claims; claimants are not Convention refugees and are not persons in need of protection under ss.96 or 97(1) of the IRPA.
Legal Topics
State Protection, Discrimination, Roma Minority, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Human Rights Law State Protection Discrimination Roma Minority Convention Refugee Determination

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 5 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX

Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Following Hearing

Legal Issues

  1. 1 Whether Hungary provides adequate state protection to the claimants as Roma
  2. 2 Whether the claimants rebutted the presumption of state protection with clear and convincing evidence
  3. 3 Whether the claimants qualify as Convention refugees or persons in need of protection

Ratio Decidendi

On the totality of the evidence the panel found the claimants failed to rebut the presumption of state protection with clear and convincing evidence; Hungary has laws, institutions and mechanisms (criminal provisions, prosecutions, IPCB, ombudsmen, anti-discrimination programs and remedy routes) sufficient to constitute adequate state protection in the claimants' circumstances, therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Refugee Protection Division rejects the claims; claimants are not Convention refugees and are not persons in need of protection under ss.96 or 97(1) of the IRPA.

Orders

  • Refugee Protection Division rejects the claims of XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX (claims dismissed)