TB1-20527

TB1-20527

Claimants failed to prove credibility on pivotal allegations and failed to produce or reasonably attempt to obtain corroborative police and medical documentation; documentary evidence shows Hungary is a functioning democracy with operational mechanisms to protect Roma and investigate abuses; claimant did not rebut presumption of adequate state protection with clear and convincing evidence; therefore claims dismissed under sections 96 and 97(1) IRPA.

Citation
TB1-20527
Parties
Claimant: XXXX XXXX; Spouse: XXXX XXXX XXXX; Child: XXXXXXXX XXXX; Tribunal Member: Patricia Greenside
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 October 2013
Procedural Posture
Refugee Protection (irpa Sections 96 and 97(1)) / Decision Following Refugee Protection Division Hearing
Outcome
Claims rejected; claimants are not Convention refugees nor persons in need of protection.
Legal Topics
State Protection, Credibility, Roma Discrimination, Persecution, Country Conditions
Source Language
English
Immigration Refugee Law Human Rights Administrative Law State Protection Credibility Roma Discrimination Persecution +1 more

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Parties

XXXX XXXX

Claimant

XXXX XXXX XXXX

Spouse

XXXXXXXX XXXX

Child

Patricia Greenside

Tribunal Member

Procedural Posture

Refugee Protection (irpa Sections 96 and 97(1)) / Decision Following Refugee Protection Division Hearing

Legal Issues

  1. 1 Whether claimants have objective, reasonable fear of persecution for Convention ground
  2. 2 Whether Hungary provides adequate state protection and whether claimants exhausted or reasonably avoided domestic remedies
  3. 3 Credibility of claimant given omissions and lack of corroboration

Ratio Decidendi

Claimants failed to prove credibility on pivotal allegations and failed to produce or reasonably attempt to obtain corroborative police and medical documentation; documentary evidence shows Hungary is a functioning democracy with operational mechanisms to protect Roma and investigate abuses; claimant did not rebut presumption of adequate state protection with clear and convincing evidence; therefore claims dismissed under sections 96 and 97(1) IRPA.

Court Disposition

Claims rejected; claimants are not Convention refugees nor persons in need of protection.

Orders

  • Refugee protection claims dismissed by Refugee Protection Division