Farkas v. Canada (Minister of Citizenship and Immigration)

Farkas v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2003-11-06
Neutral citation
2003 FC 1301
File numbers
IMM-4813-02
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"
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