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.