TB1-14713

TB1-14713

The Panel found the claimants credible to a sufficient extent, accepted that they experienced discrimination and assault as Roma, and concluded that on the evidence before it — including personal testimony and country documentation — the claimants rebutted the presumption of adequate state protection in their particular circumstances; accordingly the Panel accepted the claims and found the claimants to be Convention refugees.

Citation
TB1-14713
Parties
Principal Claimant: XXXX XXXX TB1-14713; Second Claimant: XXXX XXXX TB1-14736; Third Claimant; Designated Representative of Minors: XXXX XXXX TB1-14715; Fourth Claimant: XXXX XXXX TB1-14737; Fifth Claimant (minor): XXXX XXXX TB1-14748; Sixth Claimant (minor): XXXX XXXX TB1-14749; Seventh Claimant (minor): XXXX XXXX TB1-14750; Eighth Claimant: XXXX XXXX TB1-14751; Ninth Claimant (minor): XXXX XXXX TB1-14762
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 August 2013
Procedural Posture
Refugee Protection Claim / Decision After Hearing
Outcome
Claims accepted; claimants found to be Convention refugees
Legal Topics
State Protection, Persecution, Discrimination, Credibility Assessment, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law State Protection Persecution Discrimination Credibility Assessment +1 more

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Parties

XXXX XXXX TB1-14713

Principal Claimant

XXXX XXXX TB1-14736

Second Claimant

XXXX XXXX TB1-14715

Third Claimant; Designated Representative of Minors

XXXX XXXX TB1-14737

Fourth Claimant

XXXX XXXX TB1-14748

Fifth Claimant (minor)

XXXX XXXX TB1-14749

Sixth Claimant (minor)

XXXX XXXX TB1-14750

Seventh Claimant (minor)

XXXX XXXX TB1-14751

Eighth Claimant

XXXX XXXX TB1-14762

Ninth Claimant (minor)

Procedural Posture

Refugee Protection Claim / Decision After Hearing

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Whether state protection in Hungary is adequate for Roma in these claimants' circumstances
  3. 3 Credibility and weight of witness and documentary evidence

Ratio Decidendi

The Panel found the claimants credible to a sufficient extent, accepted that they experienced discrimination and assault as Roma, and concluded that on the evidence before it — including personal testimony and country documentation — the claimants rebutted the presumption of adequate state protection in their particular circumstances; accordingly the Panel accepted the claims and found the claimants to be Convention refugees.

Court Disposition

Claims accepted; claimants found to be Convention refugees

Orders

  • Refugee protection granted to the claimants
  • Refugee Protection Division accepts the claims for refugee protection