TB0-02950

TB0-02950

Claim dismissed because claimant failed to prove past persecution with credible, corroborated evidence, failed to establish a genuine subjective fear consistent with conduct and delay, and did not rebut the presumption that Hungary can and will provide adequate state protection; accordingly claims under IRPA s.96 and s.97 fail.

Citation
TB0-02950
Parties
Claimant: XXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 June 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons and Decision Issued)
Outcome
Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection
Legal Topics
Convention Refugee, State Protection, Internal Flight Alternative, Ethnic Discrimination, Credibility, Burden of Proof
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee State Protection Internal Flight Alternative Ethnic Discrimination +2 more

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Parties

XXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (reasons and Decision Issued)

Legal Issues

  1. 1 Whether claimant established past persecution based on Roma ethnicity
  2. 2 Whether claimant has a well-founded fear of persecution (subjective and objective components)
  3. 3 Whether claimant rebutted presumption of state protection in Hungary

Ratio Decidendi

Claim dismissed because claimant failed to prove past persecution with credible, corroborated evidence, failed to establish a genuine subjective fear consistent with conduct and delay, and did not rebut the presumption that Hungary can and will provide adequate state protection; accordingly claims under IRPA s.96 and s.97 fail.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection