MA7-02401

MA7-02401

The claimant's fear arises from generalized criminal violence and past victimization without nexus to a Convention ground and with no evidence the State is an agent of persecution; credibility concerns and long delay in seeking protection further undermine the claim; therefore the claimant is neither a Convention refugee nor a person in need of protection under IRPA ss.96–97.

Citation
MA7-02401
Parties
Principal Claimant: XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 November 2007
Procedural Posture
Refugee Protection Convention Refugee Claim / Decision by Refugee Protection Division Following Hearing and Documentary Evidence
Outcome
Refugee protection claims dismissed; claimants are not Convention refugees and not persons in need of protection.
Legal Topics
Convention Refugee, Particular Social Group, Risk to Life, Torture, Credibility, Generalized Violence, Female Refugee Guidelines
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Particular Social Group Risk to Life Torture Credibility +2 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection Convention Refugee Claim / Decision by Refugee Protection Division Following Hearing and Documentary Evidence

Legal Issues

  1. 1 Whether claimant is a Convention refugee with nexus to a Convention ground
  2. 2 Whether claimant is a member of a particular social group
  3. 3 Whether claimant faces a risk of torture or cruel and unusual treatment amounting to need for protection

Ratio Decidendi

The claimant's fear arises from generalized criminal violence and past victimization without nexus to a Convention ground and with no evidence the State is an agent of persecution; credibility concerns and long delay in seeking protection further undermine the claim; therefore the claimant is neither a Convention refugee nor a person in need of protection under IRPA ss.96–97.

Court Disposition

Refugee protection claims dismissed; claimants are not Convention refugees and not persons in need of protection.

Orders

  • Refugee protection claims dismissed