TB1-15357

TB1-15357

The claimants failed to rebut the presumption that Hungary can provide adequate state protection because they did not provide clear and convincing evidence of systemic or state-wide inability or unwillingness to protect Roma and they did not take all reasonable steps to seek or follow up on available domestic...

Source-derived case information.

Citation
TB1-15357
Parties
Claimant: XXXX XXXX XXXXXXXX; Claimant: XXXX XXXX XXX; Claimant: XXXXX XXXX; Respondent: Minister (Government of Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 August 2012
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97) / Decision by Refugee Protection Division After Hearing
Outcome
Claims rejected
Legal Topics
State Protection, Discrimination, Refugee Status Determination, Convention Refugee, Exhaustion of Domestic Remedies, Risk of Persecution
Source Language
english
Immigration Refugee Law Human Rights Administrative Law State Protection Discrimination Refugee Status Determination Convention Refugee +2 more

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Parties

XXXX XXXX XXXXXXXX

Claimant

XXXX XXXX XXX

Claimant

XXXXX XXXX

Claimant

Minister (Government of Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97) / Decision by Refugee Protection Division After Hearing

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Whether claimants are persons in need of protection under section 97 of IRPA
  3. 3 Whether adequate state protection exists in Hungary for Roma claimants

Ratio Decidendi

The claimants failed to rebut the presumption that Hungary can provide adequate state protection because they did not provide clear and convincing evidence of systemic or state-wide inability or unwillingness to protect Roma and they did not take all reasonable steps to seek or follow up on available domestic protection; documentary evidence objectively demonstrates Hungary has functioning institutions and remedies; therefore the claims fail under sections 96 and 97 of IRPA.

Court Disposition

Claims rejected

Orders

  • Claims rejected under sections 96 and 97 of the Immigration and Refugee Protection Act; no refugee protection granted