TB1-18831

TB1-18831

On the balance of probabilities the claimants established that, as Roma, they faced discrimination and episodes of assault and that in their personal circumstances the presumption of adequate state protection was rebutted; given their evidence and corroborating documentation the Panel found they met the Convention refugee definition and granted refugee protection.

Citation
TB1-18831
Parties
Principal Claimant: XXXX XXXX; Second Claimant: XXXX XXXX; Third Claimant (minor): XXXX XXXX; Fourth Claimant (minor): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 August 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (reasons and Decision)
Outcome
Claims accepted; claimants found to be Convention refugees and granted refugee protection.
Legal Topics
State Protection, Nationality/ethnicity Based Persecution, Credibility Assessment, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Human Rights State Protection Nationality/ethnicity Based Persecution Credibility Assessment Convention Refugee Determination

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Second Claimant

XXXX XXXX

Third Claimant (minor)

XXXX XXXX

Fourth Claimant (minor)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee
  2. 2 Whether adequate state protection exists in Hungary for Roma claimants
  3. 3 Credibility of claimants and of witness Aladar Horvath

Ratio Decidendi

On the balance of probabilities the claimants established that, as Roma, they faced discrimination and episodes of assault and that in their personal circumstances the presumption of adequate state protection was rebutted; given their evidence and corroborating documentation the Panel found they met the Convention refugee definition and granted refugee protection.

Court Disposition

Claims accepted; claimants found to be Convention refugees and granted refugee protection.

Orders

  • Refugee protection granted to the claimants; claims accepted as Convention refugees