CITIZENSHIP AND IMMIGRATION
Status in Canada
Convention Refugees
Applicants citizens of Hungary—Applicants’ refugee claims rejected—Judicial review of Pre-Removal Risk Assessment (PRRA) officer’s decision rejecting applicants’ (applicant, wife, son) claim would be at risk from organized crime in Hungary since applicant refused to cooperate as mechanic in automobile theft ring, finding evidence insufficient to establish effective state protection would not be available to applicants if returned to Hungary—Police declined to assist applicant when asked for protection—Applicants moved to another district to avoid criminals, but family located by criminals, spying, threats beginning anew—No further attempts to secure police assistance in Hungary—Immigration and Refugee Board (IRB) rejected refugee claim on basis applicant not credible, adequate state protection would be available to family in Hungary—Although PRRA officer in effect accepted applicant threatened by organized criminals, still found adequate state protection available in Hungary—Application dismissed— Unnecessary to resolve standard of review issue as decision capable of withstanding scrutiny under more exacting standard of reasonableness—Not reasonable, nor consistent with scheme of Immigration and Refugee Protection Act as whole, to require PRRA officer to start over, from beginning, with entirely new risk assessment—PRRA officer limited to considering whether new evidence demonstrating significant enough change to country’s conditions that IRB’s state protection analysis no longer valid—Federal Court had declined to grant leave to judicially review IRB’s decision adequate state protection available—IRB’s state protection decision therefore unassailable—PRRA officer carefully considered applicant’s new evidence but confirmed IRB’s conclusion on state protection—Conclusion reasonably open to PRRA on basis of evidence presented—Immigration and Refugee Protection Act, S.C. 2001, c. 27.
Hausleitner v. Canada (Minister of Citizenship and Immigration) (IMM-5049-04, 2005 FC 641, Mactavish J., order dated 6/5/05, 12 pp.)