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CITIZENSHIP AND IMMIGRATION

Immigration Practice

Harsanyi v. Canada (Minister of Citizenship and Immigration)

IMM-1616-03

2004 FC 358, O'Reilly J.

10/3/04

5 pp.

Judicial review of Immigration and Refugee Board's (Board) decision dismissing applicant's refugee status claim because not satisfied treatment of homosexuals in Hungary amounted to persecution, as opposed to simple discrimination --Board erred in handling evidence regarding treatment of gays in Hungary--Board concluded "violence against gays is not a significant or widespread problem in Hungary"-- Documentary evidence, including report of Hatter Society for Gays and Lesbians in Hungary, stated "disturbingly high incidence" of homophobic hate crimes in Hungary--After citing this report, Board concluded violence against gays not prevalent--Board had obligation at least to refer to documentary evidence supporting foundation of applicant's claim and explain why it discounted it--In conclusion, another Board must review documentary evidence--Judicial review allowed.

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