TA3-22761

TA3-22761

The claimant failed to adduce evidence of a personal risk to life or of cruel or unusual treatment if returned to Colombia; his asserted vulnerability from disability does not meet s.97(1)(b) because risks arising from a country's inability to provide adequate medical or support services are excluded by s.97(1)(b)(iv), and he did not establish persecution under s.96; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
TA3-22761
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Designated Representative: Refugee Protection Officer; Respondent / Minister's Counsel: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 January 2005
Procedural Posture
Refugee Protection Person in Need of Protection / Decision After Hearing
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Risk to Life, Disability, Medical Treatment, Humanitarian and Compassionate Grounds
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Risk to Life Disability Medical Treatment +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer

Designated Representative

Minister

Respondent / Minister's Counsel

Procedural Posture

Refugee Protection Person in Need of Protection / Decision After Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1)(b) of the IRPA
  3. 3 Whether the claimant's disability places him at personal risk to life or to cruel and unusual treatment if returned to Colombia

Ratio Decidendi

The claimant failed to adduce evidence of a personal risk to life or of cruel or unusual treatment if returned to Colombia; his asserted vulnerability from disability does not meet s.97(1)(b) because risks arising from a country's inability to provide adequate medical or support services are excluded by s.97(1)(b)(iv), and he did not establish persecution under s.96; therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection

Orders

  • No protection granted