TB0-01786

TB0-01786

The claimant failed to rebut the presumption of adequate state protection on the balance of probabilities; the facts established discrimination but not persecution and state remedies and institutions in Hungary provided adequate protection, therefore the refugee claims fail.

Citation
TB0-01786
Parties
Principal Claimant: XXXX XXXX; Claimant Child (minor): XXXX; Claimant Child (minor): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 November 2012
Procedural Posture
Refugee Protection (irpa Ss.96 97) / Refugee Protection Division Decision (post Hearing)
Outcome
Claims rejected; claimants are not Convention refugees nor persons in need of protection
Legal Topics
State Protection, Discrimination Vs Persecution, Credibility, Gender Based Violence, Ethnicity (roma), Medical/psychiatric Evidence, Exhaustion of Remedies
Source Language
English
Refugee Law Immigration Law Human Rights Administrative Law State Protection Discrimination Vs Persecution Credibility Gender Based Violence +3 more

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXX

Claimant Child (minor)

XXXX XXXX

Claimant Child (minor)

Procedural Posture

Refugee Protection (irpa Ss.96 97) / Refugee Protection Division Decision (post Hearing)

Legal Issues

  1. 1 Whether the treatment amounted to persecution or discrimination
  2. 2 Whether the claimant rebutted the presumption of adequate state protection
  3. 3 Credibility and evidentiary sufficiency of claimant's account

Ratio Decidendi

The claimant failed to rebut the presumption of adequate state protection on the balance of probabilities; the facts established discrimination but not persecution and state remedies and institutions in Hungary provided adequate protection, therefore the refugee claims fail.

Court Disposition

Claims rejected; claimants are not Convention refugees nor persons in need of protection

Orders

  • All claims dismissed