TB2-05672

TB2-05672

On the evidence, the panel concluded the claimants failed to prove on a balance of probabilities a serious possibility of persecution or that they would face torture or cruel and unusual treatment on return; documentary and country evidence demonstrate operationally adequate state protection and judicial remedies in Hungary, and the claimants' experiences, while discriminatory, did not meet the threshold of persecution.

Citation
TB2-05672
Parties
Principal Claimant: XXXX XXXX; Co Claimant (spouse): XXXX XXXX; Minor Claimant (son): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 June 2018
Procedural Posture
Refugee Protection Claim Under IRPA Sections 96 and 97(1) / Reasons and Decision (decision on Merits)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
State Protection, Persecution Vs Discrimination, Roma Ethnicity, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law State Protection Persecution Vs Discrimination Roma Ethnicity Country Conditions

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Co Claimant (spouse)

XXXX XXXX

Minor Claimant (son)

Procedural Posture

Refugee Protection Claim Under IRPA Sections 96 and 97(1) / Reasons and Decision (decision on Merits)

Legal Issues

  1. 1 adequacy of state protection in Hungary
  2. 2 whether experiences of discrimination amount to persecution
  3. 3 credibility and changes in testimony (omission of 'Guardists')

Ratio Decidendi

On the evidence, the panel concluded the claimants failed to prove on a balance of probabilities a serious possibility of persecution or that they would face torture or cruel and unusual treatment on return; documentary and country evidence demonstrate operationally adequate state protection and judicial remedies in Hungary, and the claimants' experiences, while discriminatory, did not meet the threshold of persecution.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Refugee protection claims dismissed; no protection granted