VB0-04146

VB0-04146

The panel found the claimants suffered discrimination and some racially motivated violence but not persecution; the state of Hungary provides available and adequate protection and the claimants failed to rebut the presumption of state protection or to pursue available remedies, therefore their claims under sections 96 and 97 of the Immigration and Refugee Protection Act are rejected.

Citation
VB0-04146
Parties
Principal Claimant: XXXXXXXXX; Associate Claimant: XXXXXX XXXX; Minor Claimant: XXXXXXXXXXXXX; Respondent: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 April 2011
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Claims dismissed; claimants are not Convention refugees and are not persons in need of protection under the Immigration and Refugee Protection Act.
Legal Topics
Racial Discrimination, State Protection, Persecution Vs Discrimination, Credibility and Evidence, Educational Discrimination, Employment Discrimination, Country Conditions
Source Language
English
Refugee Protection Immigration Law Human Rights Racial Discrimination State Protection Persecution Vs Discrimination Credibility and Evidence Educational Discrimination +2 more

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Parties

XXXXXXXXX

Principal Claimant

XXXXXX XXXX

Associate Claimant

XXXXXXXXXXXXX

Minor Claimant

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether discrimination alleged amounts to persecution
  3. 3 Whether state protection in Hungary is available and adequate

Ratio Decidendi

The panel found the claimants suffered discrimination and some racially motivated violence but not persecution; the state of Hungary provides available and adequate protection and the claimants failed to rebut the presumption of state protection or to pursue available remedies, therefore their claims under sections 96 and 97 of the Immigration and Refugee Protection Act are rejected.

Court Disposition

Claims dismissed; claimants are not Convention refugees and are not persons in need of protection under the Immigration and Refugee Protection Act.

Orders

  • Claims rejected under section 96 and section 97 of the Immigration and Refugee Protection Act
  • Decision signed by Gordon C. McRae on 5 April 2011