TB1-17205

TB1-17205

The Panel accepted the claimants' testimony as sufficiently credible, found that the claimants established they were subject to discrimination and assaults as Roma and in the claimants' particular circumstances rebutted the presumption of adequate state protection; on that basis the claimants qualify as Convention refugees and their claims were accepted.

Citation
TB1-17205
Parties
Principal Claimant: XXXX XXXX TB1-17205; Second Claimant: XXXX XXXX TB1-17221; Third Claimant: XXXX XXXX TB1-17229; Fourth Claimant: XXXX XXXX TB1-17230; Fifth Claimant (minor): XXXX XXXX XXXX TB1-17231
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 August 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following Hearing
Outcome
Claims accepted; claimants found to be Convention refugees
Legal Topics
State Protection, Discrimination (race/ethnicity), Credibility Assessment, Convention Refugee Determination, Children and Gender Guidelines
Source Language
English
Immigration Law Refugee Law Human Rights Law State Protection Discrimination (race/ethnicity) Credibility Assessment Convention Refugee Determination Children and Gender Guidelines

Case Brief

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Parties

XXXX XXXX TB1-17205

Principal Claimant

XXXX XXXX TB1-17221

Second Claimant

XXXX XXXX TB1-17229

Third Claimant

XXXX XXXX TB1-17230

Fourth Claimant

XXXX XXXX XXXX TB1-17231

Fifth Claimant (minor)

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimants are credible
  2. 2 Whether the claimants established persecution on the basis of race/ethnicity (Roma)
  3. 3 Whether adequate state protection was available in Hungary

Ratio Decidendi

The Panel accepted the claimants' testimony as sufficiently credible, found that the claimants established they were subject to discrimination and assaults as Roma and in the claimants' particular circumstances rebutted the presumption of adequate state protection; on that basis the claimants qualify as Convention refugees and their claims were accepted.

Court Disposition

Claims accepted; claimants found to be Convention refugees

Orders

  • Claims for refugee protection accepted and claimants granted Convention refugee status