TB1-09850

TB1-09850

The claimants failed to rebut the presumption that Hungary can provide adequate state protection: they did not provide clear and convincing, reliable evidence that protection would be unavailable nor demonstrate they made reasonable and diligent efforts to seek domestic remedies; therefore they do not meet the Convention refugee or person-in-need-of-protection thresholds under IRPA sections 96 and 97(1).

Citation
TB1-09850
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 September 2012
Procedural Posture
Refugee Protection (rpd) / Decision on Refugee Claim
Outcome
claims rejected
Legal Topics
State Protection, Exhaustion of Local Remedies, Racial Discrimination, Roma Issues, Credibility and Country Evidence
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law State Protection Exhaustion of Local Remedies Racial Discrimination Roma Issues +1 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection (rpd) / Decision on Refugee Claim

Legal Issues

  1. 1 Whether the claimants' fear of harm upon return to Hungary is objectively reasonable
  2. 2 Whether adequate state protection exists in Hungary for Roma claimants
  3. 3 Whether the claimants made reasonable and diligent efforts to seek state protection before leaving Hungary

Ratio Decidendi

The claimants failed to rebut the presumption that Hungary can provide adequate state protection: they did not provide clear and convincing, reliable evidence that protection would be unavailable nor demonstrate they made reasonable and diligent efforts to seek domestic remedies; therefore they do not meet the Convention refugee or person-in-need-of-protection thresholds under IRPA sections 96 and 97(1).

Court Disposition

claims rejected

Orders

  • Refugee Protection Division rejects the claims of XXXX XXXX (TB1-09850), XXXX XXXX (TB1-17422), and XXXX XXXX (TB1-17424).