VB2-00102

VB2-00102

On a balance of probabilities the claimants failed to rebut the presumption that Hungary can provide adequate state protection: their prior attempts to seek help were minimal, they expressed an unreasonable determination not to seek protection in future, and country evidence establishes functioning legal remedies and active state responses to anti-Roma violence; therefore there is no serious possibility of persecution nor a probable risk to life or cruel and unusual treatment and the claims are rejected.

Citation
VB2-00102
Parties
Principal Claimant: XXXX XXXX; Associated Claimant (spouse): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 August 2012
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Reasons for Decision (final Determination)
Outcome
Claim dismissed; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
State Protection, Persecution, Ethnicity (roma) Discrimination, Country Conditions, Burden of Proof, Gender Considerations
Source Language
English
Immigration and Refugee Law Refugee Protection Human Rights Administrative Law Anti Discrimination Law State Protection Persecution Ethnicity (roma) Discrimination +3 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associated Claimant (spouse)

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Reasons for Decision (final Determination)

Legal Issues

  1. 1 Whether claimants have nexus to a Convention ground (race/ethnicity)
  2. 2 Whether Hungarian state protection is adequate and available
  3. 3 Whether claimants rebutted presumption of state protection on a balance of probabilities

Ratio Decidendi

On a balance of probabilities the claimants failed to rebut the presumption that Hungary can provide adequate state protection: their prior attempts to seek help were minimal, they expressed an unreasonable determination not to seek protection in future, and country evidence establishes functioning legal remedies and active state responses to anti-Roma violence; therefore there is no serious possibility of persecution nor a probable risk to life or cruel and unusual treatment and the claims are rejected.

Court Disposition

Claim dismissed; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Claims rejected by Refugee Protection Division