TA5-00506

TA5-00506

The claimant's evidence of age and gender discrimination was insufficient to establish persecution or a risk to life or torture, and the claim was primarily aimed at family reunification which is not a basis for refugee protection; therefore the claimant is not a Convention refugee nor a person in need of protection under s.97(1)(a) or s.97(1)(b) IRPA.

Citation
TA5-00506
Parties
Claimant: XXXXX XXXXX XXXXX; Decision Maker: Refugee Protection Division
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 June 2005
Procedural Posture
Refugee Protection Claim / Hearing and Determination by Refugee Protection Division
Outcome
Claimant's refugee claim dismissed; not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Risk of Torture, Family Reunification, Gender Discrimination, Economic Conditions, Employment Discrimination
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Risk of Torture Family Reunification Gender Discrimination Economic Conditions +1 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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Division

Decision Maker

Procedural Posture

Refugee Protection Claim / Hearing and Determination by Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee as a member of a particular social group (victims of economic hardship due to gender and age)
  2. 2 Whether claimant is a person in need of protection under sections 97(1)(a) or 97(1)(b) of the Immigration and Refugee Protection Act
  3. 3 Whether discrimination in employment amounts to persecution

Ratio Decidendi

The claimant's evidence of age and gender discrimination was insufficient to establish persecution or a risk to life or torture, and the claim was primarily aimed at family reunification which is not a basis for refugee protection; therefore the claimant is not a Convention refugee nor a person in need of protection under s.97(1)(a) or s.97(1)(b) IRPA.

Court Disposition

Claimant's refugee claim dismissed; not a Convention refugee and not a person in need of protection.

Orders

  • Claimant's claim for refugee protection is refused.