TB1-17991

The claimants failed to rebut the presumption of state protection for Hungary with clear and convincing evidence and did not take reasonable steps to seek available state protection; objective country evidence demonstrates Hungary has functioning police, legal remedies and services for domestic violence victims, therefore the claimants are not Convention refugees nor persons in need of protection.

Citation: TB1-17991
Parties: Principal Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 10 July 2014
Procedural Posture: Refugee Protection Claim / Final Decision (reasons and Decision)
Outcome: Claims rejected
Legal Topics: State Protection, Domestic Violence, Gender Related Persecution, Burden of Proof, Exhaustion of Local Remedies
Source Language: English

Immigration Law Refugee Law Human Rights Law Family Law Criminal Law State Protection Domestic Violence Gender Related Persecution +2 more

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Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 4

Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Final Decision (reasons and Decision)

Legal Issues

1 Whether state protection in Hungary is adequate
2 Whether claimants exhausted reasonable domestic remedies
3 Application of Gender Guidelines to credibility and sensitivity of testimony

Ratio Decidendi

Court Disposition

Claims rejected

Orders

Refugee Protection Division rejects the refugee protection claims of the principal and minor claimants