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2019 RLLR 60

Citation: 2019 RLLR 60
Tribunal: Refugee Protection Division
Date of Decision: June 14, 2019
Panel: M. Somers
Counsel for the claimant(s): John W. Grice
Country: Hungary
RPD Number: TB8-09172
Associated RPD Number(s): TB8-09218, TB8-09231, TB9-11 756
ATIP Number: A-2020-01274
ATIP Pages: 000145-000150


DECISION

[1]       MEMBER: The Board is prepared to render a decision orally based on the testimony of the claimants, as well as, other documentary evidence that has been filed in this matter.

[2]       The claimants, a family, the principal claimant, [XXX] (the principal claimant), his wife, [XXX] (wife) and their minor daughter, [XXX] (daughter) and the principal claimant’s mother …

[3]       Did I get something wrong, Madame Interpreter, the names?

[4]       INTERPRETER: [XXX] is the wife, the common-law wife.

[5]       MEMBER: Okay. Thank you.

[6]       INTERPRETER: [XXX] is the daughter.

[7]       MEMBER: Thank you and we’ve got … they never put these things in the right order.

[8]       So, the mother is, [XXX].

[9]       So, that it’s clear, the claimants are a family, husband/wife, mother/father, their minor daughter and the principal claimant’s mother. They are all citizens of Hungary.

[10]     They have all made refugee protection claims under Sections 96 and 97(1) of the Immigration and Refugee Protection Act (IRPA).

[11]     The principal claimant has been designated as the representative for his minor daughter in this matter.

[12]     The Board has taken into consideration the Board’s guidelines for minor claimants in the determination of the daughter’s claim.

[13]     In addition, the Board has taken into consideration the Chairperson’s Gender Guidelines in the determination of the claims for the principal claimant’s wife, the principal claimant’s mother, the principal claimant’s daughter.

Allegations

[14]     The specifics of the claim are stated in the principal claimant’s narrative, as well as, the principal claimant’s mother’s narrative, that are found in their Basis of Claim Form (BOC).

[15]     They allege the following:

[16]     They are Hungarian citizens whose ethnicity is Roma.

[17]     They fear to return to Hungary as they believe that they will be persecuted based on their ethnicity. They claim that they have been harassed, discriminated, threatened and assaulted due to their ethnicity.

[18]     They claim that there’s systematic discrimination against the Roma in Hungary.

[19]     In addition, they fear the actions of extremists, nationalists and members of the Jobbik Party in Hungary and in general, racist attitudes of the population as a whole.

[20]     They maintain that the police in Hungary have a discriminatory attitude towards members of the Roma community and would not adequately protect them or other members of the Roma community.

[21]     The principal claimant, his wife and child, left Hungary on or about [XXX], 2018. The principal claimant’s mother left on [XXX], 2019.

[22]     When they entered Canada, they made claims for refugee protection soon thereafter.

Determination

[23]     The Board finds that the claimants are Convention refugees pursuant to Section 96 of the IRPA.

[24]     The Board’s reasons are as follows:

Analysis

[25]     The Board was concerned with the issues of credibility and state protection.

Identity and Credibility

[26]     The Board was satisfied with the personal identity of the claimants, that is, the personal identity of the claimants and that they were or are Hungarian citizens based on certified copies of their passport, as well as, other secondary identification documents filed.

[27]     In respect to the claimants’ ethnicity, that of being a Roma, the Board is satisfied that they are Roma based on the testimony of the claimants, as well as, a few secondary identification documents filed on their behalf. As such, the Board accepts that all claimants’ ethnicity is that of a Roma.

[28]     In the hearing, most of the evidence, most of the testimonies, was given by the principal claimant. The principal claimant’s mother did testify for a brief moment, as well. Overall, the Board found that the testimony of both witnesses were credible and reliable.

[29]     The principal claimant testified that he believed that the discriminatory attitude towards Roma was what at best could be described as, widespread. In fact, it would not be far fetched to state that he believed that it was 100%, that all non-Roma are discriminatory and act on that discriminatory basis towards a minority community that he belongs to, the Roma in Hungary.

[30]     The Board has carefully reviewed the country condition articles, reports, filed by both Counsel and the Refugee Protection Division. The Board notes that many of the documents, particularly found in the National Documentation Package, are from independent, reputable, international human rights organizations, as well as, reports from state agencies, departments from well-respected Western democracies such as Canada itself, the United Kingdom and the United States of America.

[31]     It would be fair to say that, the vast majority of information in these country conditions articles and reports, substantiates, supports the claimants’ testimony and allegations found in their narrative in their claim that there is a long history of discrimination towards the Roma community by the general Hungarian society, by the government, by its security apparatus.

[32]     The country conditions articles clearly describes discrimination as widespread. As noted, the principal claimant believes 100% of the population is discriminatory. I’m not sure the documentary evidence states that but it does state that it is widespread.

[33]     In its determination of whether the claimants are Convention refugees or not, the Board has to determine whether the claimants have been persecuted in the past or if they were to return, would they be persecuted as opposed to just being discriminated against?

[34]     The Board notes that there is jurisprudence that states for a matter to be considered persecution that the mistreatment suffered or anticipated by a claimant must be serious. The approach that is used by the courts is and approved by the courts, is equated to a notion of a denial of a core human right.

[35]     The documentary evidence indicates that – and will be discussed later on in this decision – that the Roma, members of the Roma communities are discriminated on a continuous basis on all facets of their life from education, employment, health services, accommodation.

[36]     The Board finds that if the claimants were to return to Hungary that they would have a well­ founded fear of persecution.

[37]     The information found in the documentary evidence acknowledges that Hungary has taken steps to improve in the moderating of the rights of the Roma in Hungary. It has maintained a Roma Council bringing in members from different facets of society to ensure that the Roma population in Hungary is not discriminated or abused.

[38]     Nevertheless, the sources clearly indicate that both government and non-government policies for Roma integration has not been implemented.

[39]     The documentary evidence indicates that there are grave problems regarding poverty in the Roma community in Hungary, in particular, child poverty. Many of the reports, particularly from the European Union, from the UN, have not been implemented.

[40]     The annual reports from the United States State Department Reports on Human Rights Practices in Hungary, each year indicates that discrimination continues to significantly limit Roma from access to education, employment, health services and social services.

[41]     The U.S. reports every year indicates that there is a racist attitude perpetrated by the police force against this particular ethnic community.

[42]     Some of the statistics mentioned in the documentary evidence are shocking. For example, 80% of the Roma aged between 15 and 64, have not completed more than 8 years of primary education, compared to 20% among non-Roma and of those Roma, 16% did not finish primary school at all while 63% completed primary school without going on to secondary school. The comparable figures for non­ Roma Hungarians are I% and 90%, respectively.

[43]     The discrepancy narrows among those students who study vocational and trade schools, 15% of Roma versus 25% of non-Roma completed vocational programs.

[44]     The unemployment rate between the Roma and non-Roma Hungarians are significant.

[45]     The Board does acknowledge that the Hungarian government has expressed the willingness to provide protection to all of its citizens. The government has made commitments to the European Union to make efforts to improve the conditions of its minority citizens, including the Roma.

[46]     However, the Federal Court of Canada has held on a number of occasions, that good intentions alone to protect and improve the plight of the Roma in Hungary are not enough. There is a general jurisprudence that states that, having legislation that protects its nationals but is not implemented at all while its nationals are being deprived of core human rights, does not amount to adequate state protection.

[47]     As such, the Board finds that he Hungarian government and its police are unable to provide adequate state protection to its Roma citizens, at this time.

[48]     As such, based on case law, the Board finds that the claimants have rebutted the presumption of state protection with clear and convincing evidence.

[49]     Although not an issue, I would mention internal flight alternative. The Board finds that the country condition articles and reports indicate that the discrimination and harassment and hostile attitudes of the Hungarian population, of the Hungarian government, of the poor services provided by police to this minority group, is systematically widespread and as such, there is no viable IFA available to the claimants should they return to Hungary.

Conclusion

[50]     Based on this brief analysis, the Board finds that the claimants are Convention refugees and accepts their claims.

[51]     This hearing is over.

———- REASONS CONCLUDED ———-