TB2-03319

TB2-03319

On the evidence and applicable law the panel accepted that the disabled minor claimant, because of her combined disability and Roma ethnicity and the demonstrated operational gaps in services for such a vulnerable individual, faces a well-founded fear amounting to Convention refugee status; by contrast the principal claimant and her son failed to establish credibility on key points and failed to rebut the presumption of adequate state protection or to show that relocation to Budapest would be unreasonable, therefore their claims are rejected.

Citation
TB2-03319
Parties
Principal Claimant: XXXX XXXX; Adult Claimant (son): XXXX XXXX; Minor Claimant (daughter): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 June 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (rpd Reasons)
Outcome
Claims of the principal claimant and the son are rejected; claim of the minor daughter is accepted and she is found to be a Convention refugee.
Legal Topics
State Protection, Internal Flight Alternative, Ethnic Discrimination (roma), Credibility Assessment, Convention Refugee Determination, Protection of Persons With Disabilities
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Internal Flight Alternative Ethnic Discrimination (roma) Credibility Assessment Convention Refugee Determination +1 more

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Adult Claimant (son)

XXXX XXXX

Minor Claimant (daughter)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (rpd Reasons)

Legal Issues

  1. 1 Credibility of the principal claimant and son
  2. 2 Whether state protection in Hungary is operationally adequate
  3. 3 Whether there is a viable internal flight alternative (IFA) to Budapest

Ratio Decidendi

On the evidence and applicable law the panel accepted that the disabled minor claimant, because of her combined disability and Roma ethnicity and the demonstrated operational gaps in services for such a vulnerable individual, faces a well-founded fear amounting to Convention refugee status; by contrast the principal claimant and her son failed to establish credibility on key points and failed to rebut the presumption of adequate state protection or to show that relocation to Budapest would be unreasonable, therefore their claims are rejected.

Court Disposition

Claims of the principal claimant and the son are rejected; claim of the minor daughter is accepted and she is found to be a Convention refugee.

Orders

  • The refugee protection claims of XXXX XXXX (principal claimant) and XXXX XXXX (son) are rejected by the RPD.
  • The refugee protection claim of XXXX XXXX (minor daughter) is accepted; she is found to be a Convention refugee.