TA3-06426

TA3-06426

The claimant failed to show a nexus between the alleged threats/ incidents and a Convention ground or a personal risk of torture; the incidents were isolated or random criminal acts corroborated as such in police and medical records, the family continued business operations and did not take protective measures, and therefore there is not a reasonable chance or serious possibility of persecution or risk of torture; claim rejected.

Citation
TA3-06426
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: D. Young; Designated Representative: N/A; Adjudicator: E. J. Chakkalakal
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 January 2005
Procedural Posture
Refugee Protection / Post Hearing Decision (determination)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Risk of Persecution, Risk of Torture, Corruption, Generalized Violence, Credibility and Corroboration
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Risk of Persecution Risk of Torture Corruption +2 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

D. Young

Refugee Protection Officer

N/A

Designated Representative

E. J. Chakkalakal

Adjudicator

Procedural Posture

Refugee Protection / Post Hearing Decision (determination)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under ss.96/97(1) IRPA
  2. 2 Whether claimant is a person in need of protection (risk to life or cruel and unusual treatment)
  3. 3 Whether claimant faces danger of torture

Ratio Decidendi

The claimant failed to show a nexus between the alleged threats/ incidents and a Convention ground or a personal risk of torture; the incidents were isolated or random criminal acts corroborated as such in police and medical records, the family continued business operations and did not take protective measures, and therefore there is not a reasonable chance or serious possibility of persecution or risk of torture; claim rejected.

Court Disposition

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

Orders

  • Refugee protection claim dismissed by the Refugee Protection Division (decision dated January 21, 2005)