TB1-20005

TB1-20005

The claimant's material inconsistencies and lack of credible, trustworthy evidence as to the alleged attacks, combined with failure to rebut the presumption that adequate state protection exists in Hungary, require dismissal of the protection claim; claimant is neither a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.

Citation
TB1-20005
Parties
Claimant/asylum Seeker: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 October 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Merits Hearing and Decision (private Proceeding)
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection under sections 96 and 97(1) of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee Status, Person in Need of Protection, State Protection, Credibility Assessment, Ethnic Discrimination (roma), Segregated Education
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Law Convention Refugee Status Person in Need of Protection State Protection Credibility Assessment Ethnic Discrimination (roma) +1 more

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Parties

XXXX XXXX

Claimant/asylum Seeker

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Merits Hearing and Decision (private Proceeding)

Legal Issues

  1. 1 Identity
  2. 2 Credibility of claimant's account
  3. 3 Whether claimant faces a well-founded fear of persecution on account of Roma ethnicity

Ratio Decidendi

The claimant's material inconsistencies and lack of credible, trustworthy evidence as to the alleged attacks, combined with failure to rebut the presumption that adequate state protection exists in Hungary, require dismissal of the protection claim; claimant is neither a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection under sections 96 and 97(1) of the Immigration and Refugee Protection Act.

Orders

  • Claimant's claim for protection denied; not a Convention refugee and not a person in need of protection under sections 96 and 97(1) of the Immigration and Refugee Protection Act.