These questions are realated to following case.

1. summary of the facts

2. the issues in the case at hand

3. relevant section of IRPA and IRPR, Case law

4. Analysis

5. your Decision

Fact Situation F

Refugee Protection

The claimant's allegations of difficulties encountered as a Roma centered mostly on the difficulties her daughters experienced in Hungary.In her BOC narrative she alleged that teachers and schoolmates alike discriminated against her daughters at school.X and Y were failed by their teachers and harassed by Hungarian students who would call them names and pull their hair.They often came home crying and fearful.The claimant complained to the school, but the teachers would not do anything.

She alleged that X suffered facial paralysis when she was 6 years old, a condition that according to the doctors was caused by fear and friction in the family.The claimant stated that her problems as a Roma appear minor compared to the problems her ex-husband, whom she married in 2003 and divorced 4 years later, caused her and the minor claimants.

She described her ex-husband as an abusive alcoholic who expected her to support him, who never worked or cared for the family, and who beat her regularly when he was drunk or sober and who also beat her older daughter.She alleged that he kicked her when she was pregnant in 2003 and as a result required intensive hospital care.She said that her treating physician reported the incident to the police and she was summoned to the station but withdrew the report because her husband threatened her.She said that she learned that he was convicted of assault causing bodily harm in 2001 and served 6 months in jail.

She alleged that even after her divorce in 2007 he forced her to live with him until 2012 when he was incarcerated.She alleged that prior to 2012 he often vandalized the home and the neighbors called the police who attended at the home only to say there was nothing they could do until blood was spilt.She alleged that in 2002 her husband needed money and forced her to sell her flat.When she at first refused, he beat her severely and punched her in the ear.As a result, she became disabled and collected a disability pension as her hearing became severely impaired and she and her daughters lived with relatives and friends.She required an operation on her right ear in 2014 and on her left ear in 2015.She alleged that her doctors wanted to report him to the police, but she refused out of fear.She stated that in 2014 he was convicted again, possibly for assault and extortion and was incarcerated with an expected release date of XXXXX, 2016.She alleged that even from prison he continued to threaten her, even on the day she left for Canada and that he continued to threaten her after she arrived in Canada.

In his BOC narrative the claimant's common-law spouse alleges to have a long history of harassment, humiliation and assault by anti-Roma Hungarians and the police.In Grade 4 he required stitches after an attack by classmates in the school washroom and the principal and the police dismissed his mother's complaint.In Grade 6 he broke his leg while running away from bullies.During his year of compulsory military service (1994-96), he was refused home visits, forced to clean the washroom with his toothbrush and beaten by fellow soldiers.He did not complain for fear of a worse beating.

His work history was marked by dismissal after short periods of employment whenever his ethnicity was discovered.In 2002 he complained to the police about a street provocation only to be taken into the back room by two policemen and beaten with batons and told to leave now that he made his complaint.In 2005 he was stopped by two policemen for an identity check and beaten senseless.He did not seek medical treatment believing the doctors would not treat him because he is a Roma.In XXXX, 2011 he suffered a brain stem hemorrhage at work.The first hospital refused to admit him and the ambulance attendants had to take him to another hospital 45 minutes away.He never received the speech therapy he requested unlike the Hungarian stroke patients in his ward.

In 2002 he moved from Budapest to his hometown, XXXXX, and for the next three years he was harassed twice a week by the police who spat on him, called him names and kicked his cane from his hand.In XXXXX, 2005 four policemen came to his house for some reason but his German Shepherd would not let them by.The police shot the dog in the head and left.He reported the incident only to hear the policeman crumple up and throw his complaint in the garbage when he left.

The claimant's mother alleges that she and her family were constantly and continuously harassed by the police and became victims of police retribution as a result of an incident that happened some 25 years ago.She alleges that her son was arrested at their home as a result of a Hungarian woman's false report of a theft from a construction site and her son was beaten unconscious in the presence of the family by two policemen.Her husband took their son to the hospital where the doctor suggested that they report the incident to the military prosecutor's office.They did so and as a result there was a trial but the police officers received only a written warning and continued to work.

She alleges that as a result of witnessing her son's beating she suffered a nervous breakdown and developed heart problems and that her daughter also suffered psychological trauma.She alleges that following the incident, she and members of her family were frequently stopped for identification checks and insulted and humiliated.She alleges that in 2011 her son was beaten by anti-Roma men and lost two teeth in the attack and when she reported the incident to the police they dismissed her complaint.She alleges that when her granddaughters, the minor claimants, were harassed at school by Hungarian children and she went to complain, the teacher prevented her from seeing the principal.

In 2014 her husband fell ill but the ambulance arrived an hour and a half after it was called, by which time her son had taken him to the hospital where he died, allegedly because the doctor refused to treat him.She fears returning to Hungary because the police in XXXXXX know her and will not protect her on account of her son's problems.