TA8-10636
The claimant failed to rebut the presumption that Hungary can provide effective state protection with clear and convincing evidence, and a viable internal flight alternative exists (Budapest); therefore he is neither a Convention refugee nor a person in need of protection.
- Citation
- TA8-10636
- Parties
- Claimant: XXXX XXXX; Respondent: Minister (Canada)
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 7 May 2013
- Procedural Posture
- Refugee Protection / Decision
- Outcome
- Claim rejected; claimant is not a Convention refugee nor a person in need of protection
- Legal Topics
- State Protection, Internal Flight Alternative, Convention Refugee, Person in Need of Protection, Witness Protection, Organized Crime, Police Corruption
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Claimant
Minister (Canada)
Respondent
Procedural Posture
Refugee Protection / Decision
Legal Issues
- 1 Whether the claimant has rebutted the presumption of state protection in Hungary
- 2 Whether a viable internal flight alternative (IFA) exists in Hungary
- 3 Whether the claimant qualifies as a Convention refugee or a person in need of protection
Ratio Decidendi
The claimant failed to rebut the presumption that Hungary can provide effective state protection with clear and convincing evidence, and a viable internal flight alternative exists (Budapest); therefore he is neither a Convention refugee nor a person in need of protection.
Court Disposition
Claim rejected; claimant is not a Convention refugee nor a person in need of protection
Orders
- Refugee Protection Division rejects the claimant's claim for refugee protection
Full Case Text
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