Date: 20030602
Docket: IMM-2761-02
Citation: 2003 FCT 698
Ottawa, Ontario, this 2nd day of June, 2003
Present: The Honourable Madam Justice Simpson
BETWEEN:
ISTVAN PAL, VIRAG, OTTILIA VIRAGNE,
ISTVAN VIRAG, OTTILIA MAGDOLNA VIRAG
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] UPON the applicants' application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "Board") dated May 30, 2002 (the "Decision") in which the Board concluded that the applicants are not convention refugees.
[2] AND UPON hearing the submissions of counsel for both parties in Toronto on May 22, 2003.
[3] AND UPON determining that the Board did not err when it concluded that The Human Rights Watch World Report 2001 did not single out skinhead attacks as a threat to the Roma in Hungary.
[4] AND UPON determining that, in considering the availability of state protection, the Board did not err when it considered state agencies other than the police such as the office of the Public Prosecutor, the Parliamentary Commissioner for the Rights of National and Ethnic Minorities who is known as the Ombudsman for Minority Affairs and the Consumers Inspectorate as well as non-governmental agencies which receive state funding such as the Roma Civil Rights Foundation, the European Roma Rights Center, the Legal Defence Bureau for National and Ethnic Minorities, the Hungarian Helsinki Committee and the Roma Parliament.
[5] AND UPON determining that, for the purpose of concluding that state protection can be available from state run or funded agencies and not only from the police, the decisions of this Court in Nagy v. Canada (Minister of Citizenship and Immigration), 2002 FCT 281, [2002] F.C.J. No. 370, Zsuzsanna v. Canada (Minister of Citizenship and Immigration), 2002 FCT 1206, [2002] F.C.J. No. 1642 and Szucs v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 1614 are to be preferred to the decision in Molnar v. Canada (Minister of Citizenship and Immigration), 2002 FCT 1081, [2002] F.C.J. No. 1425.
[6] AND UPON being advised that there is no question posed for certification.
ORDER
NOW THEREFORE THIS COURT ORDERS that, for the reasons given above, this application for judicial review is hereby dismissed.
"Sandra J. Simpson"
JUDGE
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2761-02
STYLE OF CAUSE: ISTVAN PAL, VIRAG, OTTILIA VIRAGNE,
ISTVAN VIRAG, OTTILIA MAGDOLNA VIRAG
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: TUESDAY, MAY 22, 2003
REASONS FOR ORDER: SIMPSON J.
DATED: MONDAY, JUNE 2, 2003
APPEARANCES:
Mr. George J. Kubes
For the Applicants
Mr. David Tyndale
For the Respondents
SOLICITORS OF RECORD:
Mr. George J. Kubes
Barrister and Solicitor
Toronto, Ontario
For the Applicants
Morris Rosenberg
Deputy Attorney General
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030602
Docket: Imm-2761-02
BETWEEN:
ISTVAN PAL, VIRAG, OTTILIA VIRAGNE,
ISTVAN VIRAG, OTTILIA MAGDOLNA VIRAG
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER