TA4-15533

TA4-15533

The claimant's chronic renal failure, while accepted as medically serious, does not establish membership of a Convention protected particular social group; the lack of free dialysis in Trinidad reflects the country's inability to provide adequate health care rather than persecution tied to a Convention ground, and therefore there is no nexus to a Convention ground and the claim fails under ss.96 and 97(1)(b)(iv) of IRPA.

Citation
TA4-15533
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: K. Rine
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 December 2005
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 97) / Decision Following Hearing (hearing Nov 16, 2005; Decision Dec 2, 2005)
Outcome
Claim denied; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Medical Incapacity, Particular Social Group, Nexus to Convention Grounds, S.97(1)(b)(iv) Exception
Source Language
English
Immigration Refugee Law Administrative Law Health Law Convention Refugee Person in Need of Protection Medical Incapacity Particular Social Group +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

XXXXX XXXXX

Claimant

K. Rine

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 97) / Decision Following Hearing (hearing Nov 16, 2005; Decision Dec 2, 2005)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 of IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97(1)(a) or (b) of IRPA
  3. 3 Whether chronic renal failure constitutes a particular social group for refugee purposes

Ratio Decidendi

The claimant's chronic renal failure, while accepted as medically serious, does not establish membership of a Convention protected particular social group; the lack of free dialysis in Trinidad reflects the country's inability to provide adequate health care rather than persecution tied to a Convention ground, and therefore there is no nexus to a Convention ground and the claim fails under ss.96 and 97(1)(b)(iv) of IRPA.

Court Disposition

Claim denied; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Refugee protection claim rejected