TB3-01123

TB3-01123

The panel found the claimants not credible on material points (contradiction between alleged father's identity and official birth certificate/court order, unexplained absence of corroborative evidence, inconsistent and withheld travel history to the USA, failure to seek available state remedies) and Hungary is not a failed state; the claimants therefore failed to rebut the presumption of state protection with clear and convincing evidence and did not establish refugee status under s.96 or need of protection under s.97 IRPA; claims are dismissed.

Citation
TB3-01123
Parties
Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX; Minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 June 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (determination)
Outcome
Claims dismissed; claimants are not Convention refugees under section 96 IRPA and are not persons in need of protection under section 97 IRPA.
Legal Topics
Domestic Violence, State Protection, Credibility Assessment, Best Interests of the Child, Reavailment, Gender Related Persecution, Corroboration
Source Language
English
Immigration Refugee Law Human Rights Family Law Domestic Violence State Protection Credibility Assessment Best Interests of the Child +3 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX

Minor Claimant

Minister of Citizenship and Immigration

Minister

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (determination)

Legal Issues

  1. 1 Whether claimants meet definition of Convention refugee under s.96 IRPA
  2. 2 Whether claimants are persons in need of protection under s.97 IRPA
  3. 3 Credibility of allegations of domestic abuse and identity of alleged persecutor

Ratio Decidendi

The panel found the claimants not credible on material points (contradiction between alleged father's identity and official birth certificate/court order, unexplained absence of corroborative evidence, inconsistent and withheld travel history to the USA, failure to seek available state remedies) and Hungary is not a failed state; the claimants therefore failed to rebut the presumption of state protection with clear and convincing evidence and did not establish refugee status under s.96 or need of protection under s.97 IRPA; claims are dismissed.

Court Disposition

Claims dismissed; claimants are not Convention refugees under section 96 IRPA and are not persons in need of protection under section 97 IRPA.

Orders

  • Claims dismissed