TB1-06421

TB1-06421

On the evidence the claimants established a pattern of ethnic discrimination and personal incidents where state protection was inadequate in their circumstances, which rebutted the presumption of adequate state protection on a balance of probabilities; accordingly they qualify as Convention refugees and their claims are accepted.

Citation
TB1-06421
Parties
Principal Claimant: XXXX XXXX; Dependent Claimant (spouse): XXXX XXXX XXXX; Dependent Claimant (minor Child): XXXX XXXX XXXX; Dependent Claimant (father in Law): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 July 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96,97) / Hearing and Decision (oral Reasons Rendered July 29, 2013; Written Reasons August 28, 2013)
Outcome
Claims accepted; claimants found to be Convention refugees
Legal Topics
State Protection, Roma Discrimination, Credibility Assessment, Convention Refugee Status
Source Language
English
Immigration Refugee Law Human Rights State Protection Roma Discrimination Credibility Assessment Convention Refugee Status

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Dependent Claimant (spouse)

XXXX XXXX XXXX

Dependent Claimant (minor Child)

XXXX XXXX

Dependent Claimant (father in Law)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96,97) / Hearing and Decision (oral Reasons Rendered July 29, 2013; Written Reasons August 28, 2013)

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees
  2. 2 Whether the presumption of state protection in Hungary was rebutted in the claimants' circumstances
  3. 3 Assessment of credibility of claimant testimony and documentary evidence

Ratio Decidendi

On the evidence the claimants established a pattern of ethnic discrimination and personal incidents where state protection was inadequate in their circumstances, which rebutted the presumption of adequate state protection on a balance of probabilities; accordingly they qualify as Convention refugees and their claims are accepted.

Court Disposition

Claims accepted; claimants found to be Convention refugees

Orders

  • Refugee Protection Division accepts the claims for protection of the claimants as Convention refugees
  • Claims TB1-06422, TB1-06423 and TB1-06424 joined to TB1-06421 pursuant to Rule 55; principal designated as DR for minor child