Date: 20020627
Docket: IMM-3753-01
Neutral citation: 2002 FCT 722
Toronto, Ontario, Thursday, the 27th day of June, 2002
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
- and -
JOZSEF MEZEI
Respondent
[1] This is an application for judicial review by the Minister of Citizenship and Immigration (the "Applicant") of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "CRDD"), dated July 18, 2001, wherein the CRDD determined that the Respondent is a Convention refugee.
[2] The Respondent is a citizen of Hungary who based his Convention refugee claim on the ground of membership in a particular social group, the Roma ethnic minority in Hungary. The CRDD found that in the Respondent's particular circumstances the discrimination Roma Hungarians typically face on a cumulative level constitutes persecution. The personal circumstances which were taken into account in reaching the decision included the Respondent's psychological condition which arose because of a series of traumatic and stressful incidents of harassment and discrimination throughout his youth. This condition was verified by a psychologist's report submitted to the CRDD in support of the Respondent's claim.
[3] The CRDD also considered the availability of state protection in the Respondent's case. Although the CRDD concluded that state protection is generally available for the Roma in Hungary, it concluded that in the Respondent's particular circumstances it would be unreasonable to expect him to approach the police for protection. The Respondent's psychological vulnerability, the evidence of incidents of persecution where the police were the agents of persecution, and the Respondent's previous unfruitful attempts to access protection from various organizations were factors considered by the CRDD in reaching this conclusion.
[4] The Applicant brings this judicial review to challenge the CRDD's decision. The Applicant submits that the CRDD committed various errors of law and fact in its assessment of the availability of state protection. The Respondent submits that the CRDD properly analysed the availability of state protection for the particular claimant. I accept the Respondent's position.
[5] In my opinion, there was ample evidence before the CRDD, including the documentary evidence regarding the general availability of state protection to Roma Hungarians, and the Respondent's medical condition and history of persecution, to support its finding that state protection was not reasonably available in this case. The CRDD's decision is specific and narrowed to the particular circumstances of the Respondent. The Applicant has failed to demonstrate that the CRDD committed a reviewable error, either in law or in fact. I find that on the facts of this case, the CRDD's decision was reasonably supported by the evidence before it.
ORDER
1. Accordingly, this application is dismissed.
"Douglas R. Campbell"
Judge
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3753-01
STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
- and -
JOZSEF MEZEI
Respondent
DATE OF HEARING: THURSDAY, JUNE 27, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: THURSDAY, JUNE 27, 2002
APPEARANCES: Mr. Jamie Todd
For the Applicant
Mr. Peter G. Ivanyi
For the Respondent
SOLICITORS OF RECORD: Morris Rosenberg
Deputy Attorney General of Canada
For the Applicant
Richon Genova
Barristers & Solicitors
121 Richmond Street West,
Suite 903
Toronto, Ontario
M5H 2K1
For the Respondent
FEDERAL COURT OF CANADA
Date: 20020627
Docket:IMM-3753-01
Between:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
- and -
JOZSEF MEZEI
Respondent
REASONS FOR ORDER
AND ORDER