Date: 20010321
Docket: IMM-3546-00
Neutral Citation: 2001 FCT 432
KOSZEGI ELEMER and KOSZEGI ELEMER LAJOSNE,
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent
REASONS FOR ORDER
[1] The applicants seek judicial review and leave in regard to the CRDD's decision rendered on May 10 (promulgated on May 18), 2000, as numbers T99-06023 and T99-06024, whereby the CRDD panel of H.B. Evelyn and James Waters declined to determine that the applicants are Convention refugees. The applicants alleged and pledged their oaths that Hungary laxly, even indifferently, permitted ruffians, called "skinheads" to roam about, insufficiently checked by police, and therefore free to attack, insult, beat and persecute themselves among other Roma.
[2] The CRDD manifests, it seemed, a reluctance to acknowledge that such Nazi-like savagery is abroad, in Europe, the continent which considers itself to be the quintessentially civilized in all the world. Indeed, this judge, among others, is wearying of reading CRDD decisions, written with all the moral and logical strength of an infantile recitation of "Mary Had a Little Lamb", lightly reciting the depredations committed against Roma in central-eastern Europe. Hungary, they say, is becoming better. Yet it appears, vis-à-vis the Roma, to be less than the civilized country it so loudly trumpets itself to be.
[3] The applicants are to be believed in their complaints of insult and injury. The Hungarian State is shown to be unable or unwilling to protect its Roma from the Hitlerite guttersnipery of roaming skinheads. The application is allowed. Leave is granted. When it comes to protecting Roma from the serious assaults and persecution shown here, Hungary appears to have suffered a break-down of State civilization.
[4] The application for judicial review is deemed to have been commenced.
[5] The hearing of the application for judicial review is hereby fixed for June 19, 2001 to commence at 11:00 a.m., in the City of Toronto, Province of Ontario, for a duration not exceeding 2 hours.
[6] The hearing may be held in either of the two official languages of Canada, at the option of each party.
[7] The tribunal shall send certified copies of its record to the parties and Registry of the Court on or before April 11, 2001;
[8] Further affidavits, if any, shall be served and filed by the applicant on or before April 23, 2001;
[9] Further affidavits, if any, shall be served and filed by the respondent on or before April 30, 2001;
[10] Cross-examinations, if any, on affidavits shall be completed on or before May 9, 2001;
[11] The applicant's further memorandum of argument, if any, shall be served and filed on or before May 22, 2001;
[12] The respondent's further memorandum of argument, if any, shall be served and filed on or before May 29, 2001;
[13] The transcript of cross-examinations, if any, shall be filed on or before June 4, 2001.
Judge