Docket: IMM-10535-12
Citation: 2013 FC 1079
Toronto, Ontario, October 24,
2013
PRESENT: The
Honourable Madam Justice Simpson
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BETWEEN:
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GYORGY PODHRACZKY
GYORGYNE PODHRACZKY
LORA EVA PODHRACZKY (A MINOR)
GYORGY ANDOR PODHRACZKY (A MINOR)
SANDORNE PODHRACZKY
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Applicants
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and
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THE MINISTER OF CITIZENSHIP AND IMMIGRATION
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Respondent
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REASONS FOR ORDER AND ORDER
(delivered orally on October 22, 2013)
[1]
This case concerns a claim for refugee status
and protection which was denied by the Immigration and Refugee Board (the
Board) in a decision dated September 19, 2012. For the following reasons the
application for Judicial Review will be dismissed.
[2]
There were two issues, credibility and state
protection. I will deal with them in turn.
Credibility
[3]
The Board concluded, reasonably in my view, that
the Applicants’ failure to ask for four police reports and one report from a
private dentist to corroborate the occurrence of the four violent incidents
they rely on as the fundamentals of their claim meant that the incidents did
not occur.
[4]
The Applicants are not excused from their
obligation to ask for relevant police reports simply because:
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they do not observe the police taking notes when
they are interviewed;
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they are told by police that nothing can be
done;
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they are told by police that they are not
believed.
State
Protection
[5]
Since the Applicants’ claim was not credible
there is no need to consider state protection. However, I should note, in obiter
dicta, that I would conclude that a finding of state protection in Hungary was unreasonable if it relied on documents and institutions which have no bearing
on whether racist violence against Roma might occur. Such documents and
institutions include the National Defence Service, the Independent Police
Complaints Board and the Ombudsman for Civil Rights.
Certification
[6]
No question was posed for certification.
ORDER
THIS
COURT ORDERS that for these reasons, the
application for Judicial Review is dismissed.
“Sandra
J. Simpson”
FEDERAL COURT
SOLICITORS OF RECORD
Docket:
IMM-10535-12
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STYLE OF CAUSE:
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GYORGY PODHRACZKY, GYORGYNE PODHRACZKY, LORA
EVA PODHRACZKY (A MINOR) GYORGY ANDOR PODHRACZKY (A MINOR) SANDORNE
PODHRACZKY v THE MINISTER OF CITIZENSHIP AND IMMIGRATION
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PLACE OF HEARING:
Toronto, Ontario
DATE OF HEARING:
October
22, 2013
REASONS FOR
ORDER AND ORDER:
SIMPSON
J.
DATED:
october
24, 2013
APPEARANCES:
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Elyse Korman
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For The APPLICANTS
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Julie Waldman
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For The Respondent
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SOLICITORS OF RECORD:
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OTIS & KORMAN
Toronto, Ontario
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FOR
THE APPLICANTS
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William F. Pentney
Deputy Attorney General of Canada
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For The Respondent
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