TA4-15172

TA4-15172

Threats and two abductions arose from the claimant's commercial activities and lacked nexus to a Convention ground; the abductors released the claimant indicating intent to frighten rather than kill; harm was avoidable by ceasing the business or relocating, therefore claimants are neither Convention refugees nor persons in need of protection under s.97(1).

Citation
TA4-15172
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 May 2005
Procedural Posture
Refugee Protection Claim / Decision (refugee Hearing)
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection under s.97(1) of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Nexus to a Convention Ground, Risk of Torture, Internal Relocation Alternative, Abduction, Non State Actor Threats
Source Language
English
Immigration Refugee Protection International Protection Human Rights Administrative Law Convention Refugee Person in Need of Protection State Protection +5 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Hearing)

Legal Issues

  1. 1 Whether claimants meet definition of Convention refugee
  2. 2 Whether claimants are persons in need of protection under s.97(1) of the IRPA
  3. 3 Whether there is a nexus between the harm and a Convention ground

Ratio Decidendi

Threats and two abductions arose from the claimant's commercial activities and lacked nexus to a Convention ground; the abductors released the claimant indicating intent to frighten rather than kill; harm was avoidable by ceasing the business or relocating, therefore claimants are neither Convention refugees nor persons in need of protection under s.97(1).

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection under s.97(1) of the Immigration and Refugee Protection Act.

Orders

  • Refugee protection claims denied; no protection granted