Federal Court Decisions

Decision Information

Decision Content

Date: 20031106

Docket: IMM-4813-02

Citation: 2003 FC 1301

BETWEEN:

                                                             BELA TAMAS FARKAS

                                                                                                                                                       Applicant

                                                                              - and -

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                   Respondent

                                                            REASONS FOR ORDER

HARRINGTON J:

[1]                 This is an application for judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Board wherein it was found that the applicant, a Hungarian citizen, was not a Convention refugee. In the Board's opening words:

He seeks to be determined as a Convention refugee based on a well-founded fear of persecution due to his Roma ethnicity and Jewish religion.

In the section of its reasons titled "State protection" the panel said:

In summary, the panel finds that the claimant, on a balance of probabilities is neither a Roma nor Jewish, is not credible and has failed to rebut the issue of state protection in Hungary.


Reference was made to the U.S. Department of State's Country Report on Human Rights in Hungary.

[2]                 At the hearing before me it was conceded by the Minister that the Board's finding with respect to the fact that the applicant is not Roma appeared to be flawed.

[3]                 It was urged nevertheless that the Board's determination that the applicant is not a Convention refugee should not be disturbed because his problems in Hungary had to with his relationship with the police and nothing to do with his possible Roma ethnicity. Given, however, that the Board itself alleged his Roma ethnicity as one of two reasons he claimed a well-founded fear of persecution, and given that it is conceded that it may have been wrong as to his Roma ethnicity, which is clearly tied with his credibility, I find the decision so flawed that the matter must be directed back to a freshly-constituted panel for a hearing de novo.

[4]                 The U.S. Department of State Country Report notes that the Hungarian government generally respected the human rights of its citizens. However,

... police also abused and harassed both Roma and foreign nationals.

...

The Romani minority community and dark-skinned foreigners are the most common victims of police abuse, with Roma bearing the brunt of such abuse.


Had the Board conceded the possibility that the applicant was Roma they could not have given such short shrift to his allegedly well-founded fear of persecution due to his ethnicity.

[5]                 Given my reasoning on this point, it is not necessary to consider, one way or another, whether the Board had erred with respect to his Jewish religion, other points relating to his credibility and whether he was denied a fair hearing arising from the circumstances through which he was not represented by counsel.

"Sean Harrington"

line

                                                                                                       JUDGE                        

Ottawa, Ontario

November 6, 2003


                                       FEDERAL COURT

    NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                                     IMM-4813-02

STYLE OF CAUSE:                                                    BELA TAMAS FARKAS

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                                                             TORONTO, ONTARIO

DATE OF HEARING:                                                               NOVEMBER 5, 2003

REASONS FOR ORDER :                                        HARRINGTON J.

DATED:                                                                                       NOVEMBER 6, 2003

APPEARANCES:

Mr. Rocco Galati                                                                            FOR APPLICANT

Mr. John Loncar                                                                             FOR RESPONDENT

SOLICITORS OF RECORD:

Galati, Rodrigues, Azevedo & Associates                                    FOR APPLICANT

637 College St., Suite 203

Toronto, ON    M6H 1B5

Morris Rosenberg                                                                           FOR RESPONDENT

Deputy Attorney General of Canada


 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.