Assignment 2 The family was terrorized by the “skinhead” organization. The claimant claims that he was attacked by “skinheads” on several occasion. The claimant discovered that his employer was forced to store illegal drugs for a locally operated criminal organization at the warehouse. One evening, the police raided the warehouse while the claimant was working late finishing up some paper works. The police seized drugs worth 500, 000 Euro charged the employer with drug trafficking. The claimant was never arrested or charged. Soon after the raid, the claimant received anonymous threatening phone calls. The callers claimed that he tipped the police about the presence of drugs at the warehouse. The callers also threatened that he and his family would be killed. Soon after the raid was executed on the warehouse, the claimant’s brother, who was also of Roma ethnicity, disappeared and his body was found a few days later. The police stated that the brother died from a fall as a result of too much drinking. When the claimant complained to the police, the police told the claimant to leave the police station and called him a “stinky gypsy”. A few days after the brother’s funeral, there were notes posted on the claimant’s apartment door stating that the same thing would happen to the claimant and his family if they did not sell the apartment. The claimant showed the police the note but the police suggested that they were just idle threats and asked the claimant to leave the police station. On his return from the police station, the claimant received a phone call on his mobile telling him they knew he was at the police station to give evidence on the illegal drug stored at the warehouse. The caller said “run gypsy boy run” or you would be dead like you brother. The claimant and his family travelled to the United States. They did not claim refugee status. Instead they illegally entered Canada and made a claim for refugee protection stating claims that they have been persecuted in Hungary due to their being a Roma. They also alleged that their lives are at risk because they witnessed illegal activity at the principal’s claimant’s work place. The Refugee protection division identified the following issues: •Credibility •Nexus •Discrimination vs persecution •Availability of state protection •Internal flight alternative in Budapest Further facts: The RPD is very concerned that the claimants did not claim refugee status in the USA and omitted very significant information when they initiated their claim in Canada. The claimants testified they were told by members of their community that their stay in the USA was irrelevant. The claimants testified they did not file any complaint against police officers who refused to take their complaints. They did not approach the local Roma self-government because it is ineffective. The claimants lived outside Budapest. They do not know anyone in Budapest. Format Prepare written submissions on behalf of the claimants based on the facts that are provided below. Do not invent facts. You must address all the issues identified by the RPD, and your submissions should include a consideration of the National Documentary package for Hungary on the RPD website and the applicable case law. Note: Humber College requires the use of American Psychological Association (APA) format for all assignments and papers. For citation however, legal assignments need to follow the Canadian Guide to Uniform Legal Citation
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