2013 FC, 2013 FC 1079

Date: 20131024 Docket: IMM-10535-12 Citation: 2013 FC 1079 Toronto, Ontario, October 24, 2013 PRESENT: The Honourable Madam Justice Simpson BETWEEN: GYORGY PODHRACZKY GYORGYNE PODHRACZKY LORA EVA PODHRACZKY (A MINOR) GYORGY ANDOR PODHRACZKY (A MINOR) SANDORNE PODHRACZKY Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER (delivered orally on October 22, 2013) [ 1 ] This case concerns a claim for refugee status and protection which was denied by the Immigration and Refugee Board (the Board) in a decision dated September 19, 2012.

For the following reasons the application for Judicial Review will be dismissed. [ 2 ] There were two issues, credibility and state protection. I will deal with them in turn.

Credibility [ 3 ] The Board concluded, reasonably in my view, that the Applicants’ failure to ask for four police reports and one report from a private dentist to corroborate the occurrence of the four violent incidents they rely on as the fundamentals of their claim meant that the incidents did not occur. [ 4 ] The Applicants are not excused from their obligation to ask for relevant police reports simply because: - they do not observe the police taking notes when they are interviewed; - they are told by police that nothing can be done; - they are told by police that they are not believed.

State Protection [ 5 ] Since the Applicants’ claim was not credible there is no need to consider state protection. However, I should note, in obiter dicta, that I would conclude that a finding of state protection in Hungary was unreasonable if it relied on documents and institutions which have no bearing on whether racist violence against Roma might occur. Such documents and institutions include the National Defence Service, the Independent Police Complaints Board and the Ombudsman for Civil Rights.

Certification [ 6 ] No question was posed for certification. ORDER THIS COURT ORDERS that for these reasons, the application for Judicial Review is dismissed. “Sandra J. Simpson” Judge FEDERAL COURT SOLICITORS OF RECORD Docket: IMM-10535-12 STYLE OF CAUSE: GYORGY PODHRACZKY, GYORGYNE PODHRACZKY, LORA EVA PODHRACZKY (A MINOR) GYORGY ANDOR PODHRACZKY (A MINOR) SANDORNE PODHRACZKY v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: October 22, 2013 REASONS FOR ORDER AND ORDER: SIMPSON J. DATED: october 24, 2013 APPEARANCES :

Elyse Korman For The APPLICANTS Julie Waldman For The Respondent SOLICITORS OF RECORD : OTIS & KORMAN Toronto, Ontario FOR THE APPLICANTS William F. Pentney Deputy Attorney General of Canada For The Respondent