TB0-11173

TB0-11173

The claimants failed to rebut the presumption of adequate state protection in Hungary on the balance of probabilities because documentary evidence showed operational police and remedies, the claimants did not take all reasonable steps to seek domestic protection, and credibility issues further undermined their claims; therefore they are neither Convention refugees nor persons in need of protection.

Citation
TB0-11173
Parties
Claimant (adult Male): XXXX XXXX XXXX; Claimant (adult Female): XXXX XXXX XXXX; Claimant (minor Male): XXXX XXXX; Claimant (minor Female): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 February 2013
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act S.96 and S.97(1) / Hearing and Final Decision (reasons and Decision)
Outcome
Claims rejected; claimants are not Convention refugees nor persons in need of protection
Legal Topics
State Protection, Roma Discrimination, Credibility Findings, Exhaustion of Domestic Remedies, Convention Refugee Status
Source Language
English
Immigration Law Refugee Law Human Rights Law State Protection Roma Discrimination Credibility Findings Exhaustion of Domestic Remedies Convention Refugee Status

Case Brief

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Parties

XXXX XXXX XXXX

Claimant (adult Male)

XXXX XXXX XXXX

Claimant (adult Female)

XXXX XXXX

Claimant (minor Male)

XXXX XXXX

Claimant (minor Female)

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act S.96 and S.97(1) / Hearing and Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees or persons in need of protection
  2. 2 Whether adequate state protection was available in Hungary to Roma claimants
  3. 3 Whether the claimants exhausted domestic remedies or rebutted the presumption of state protection

Ratio Decidendi

The claimants failed to rebut the presumption of adequate state protection in Hungary on the balance of probabilities because documentary evidence showed operational police and remedies, the claimants did not take all reasonable steps to seek domestic protection, and credibility issues further undermined their claims; therefore they are neither Convention refugees nor persons in need of protection.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the refugee claims filed by the named claimants
  • Claims of the minor children dismissed as derivative of adult claimants' claims