TB0-03938

TB0-03938

The claimant did not meet the burden to show, by clear and convincing evidence, that Hungary is unwilling or unable to provide adequate protection; incidents of discrimination and isolated attacks, together with credibility concerns and availability of domestic remedies and institutions, do not establish persecution or a need for protection under ss.96-97 IRPA.

Citation
TB0-03938
Parties
Claimant: XXXX XXXXX; Minor Claimant: XXXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 July 2011
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Decision Merits Determination (reasons and Decision)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection; minor claimant's claim dismissed as dependent on father's claim.
Legal Topics
State Protection, Ethnic Discrimination, Persecution, Roma Rights, Education Discrimination, Police Conduct, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law State Protection Ethnic Discrimination Persecution Roma Rights Education Discrimination +2 more

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Parties

XXXX XXXXX

Claimant

XXXXX XXXX

Minor Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Decision Merits Determination (reasons and Decision)

Legal Issues

  1. 1 Whether the claimant's fear rises to level of persecution
  2. 2 Whether Hungary provides adequate state protection
  3. 3 Whether claimant exhausted or reasonably sought domestic remedies

Ratio Decidendi

The claimant did not meet the burden to show, by clear and convincing evidence, that Hungary is unwilling or unable to provide adequate protection; incidents of discrimination and isolated attacks, together with credibility concerns and availability of domestic remedies and institutions, do not establish persecution or a need for protection under ss.96-97 IRPA.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection; minor claimant's claim dismissed as dependent on father's claim.

Orders

  • Refugee protection claim rejected (Decision dated July 6, 2011 by Member C. Wedgbury)