CA5-00573

CA5-00573

The panel found the evidence established discrimination, harassment and criminal extortion by corrupt police but did not establish persecution tied to a Convention ground nor a balance of probabilities risk of torture, death or cruel and unusual treatment on return; therefore claimants are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA.

Citation
CA5-00573
Parties
Claimant (principal): XXXXX XXXXX; Claimant (spouse): XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 October 2006
Procedural Posture
Refugee Protection Claim Under IRPA / Decision of Refugee Protection Division (merits)
Outcome
Refugee protection claims dismissed; claimants are neither Convention refugees under section 96 IRPA nor persons in need of protection under section 97 IRPA.
Legal Topics
Convention Refugee, Risk of Torture, Protection Claim, Persecution, Discrimination, Corruption, Detention
Source Language
English
Refugee Law Immigration Law Human Rights Convention Refugee Risk of Torture Protection Claim Persecution Discrimination +2 more

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Parties

XXXXX XXXXX

Claimant (principal)

XXXXX XXXXX

Claimant (spouse)

Procedural Posture

Refugee Protection Claim Under IRPA / Decision of Refugee Protection Division (merits)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 IRPA
  2. 2 Whether claimants are persons in need of protection under section 97 IRPA
  3. 3 Whether there is a real risk of torture, risk to life or cruel and unusual treatment on return

Ratio Decidendi

The panel found the evidence established discrimination, harassment and criminal extortion by corrupt police but did not establish persecution tied to a Convention ground nor a balance of probabilities risk of torture, death or cruel and unusual treatment on return; therefore claimants are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA.

Court Disposition

Refugee protection claims dismissed; claimants are neither Convention refugees under section 96 IRPA nor persons in need of protection under section 97 IRPA.