TB2-03950

The panel found the claimants' evidence not credible and uncorroborated, and on the balance of probabilities the objective country evidence showed Hungary offers adequate, although imperfect, state protection; because the claimants failed to establish a serious possibility of persecution or personal risk under s.97, their claims were denied.

Citation: TB2-03950
Parties: Principal Claimant (mother): XXXX XXXX; Claimant (son): XXXX XXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 13 January 2014
Procedural Posture: Refugee Protection (irpa Ss.96,97) / Final Decision After Hearing (reasons and Decision)
Outcome: Claims denied — claimants found not to be Convention refugees and not persons in need of protection
Legal Topics: Credibility Findings, State Protection, Convention Refugee Determination, Risk of Torture and Cruel and Unusual Treatment, Ethnic Discrimination (roma), Inadmissibility/serious Criminality
Source Language: English

Immigration Law Refugee Law Human Rights Law Credibility Findings State Protection Convention Refugee Determination Risk of Torture and Cruel and Unusual Treatment Ethnic Discrimination (roma) +1 more

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Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1

Parties

XXXX XXXX

Principal Claimant (mother)

XXXX XXXX

Claimant (son)

Procedural Posture

Refugee Protection (irpa Ss.96,97) / Final Decision After Hearing (reasons and Decision)

Legal Issues

1 Whether the claimants' evidence is credible
2 Whether Hungary can provide effective state protection to the claimants
3 Whether claimants meet the definition of a Convention refugee

Ratio Decidendi

Court Disposition

Claims denied — claimants found not to be Convention refugees and not persons in need of protection

Orders

Refugee protection claims denied