TA7-11771

TA7-11771

The claim is rejected because the risk alleged stems from generalized criminality in Haiti that affects both men and women rather than persecution by reason of membership in the particular social group of 'women'; consequently there is no nexus to a Convention ground and the claimant does not meet the definitions in ss.96 or 97(1) of IRPA.

Citation
TA7-11771
Parties
Claimant: XXXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 May 2009
Procedural Posture
Refugee Protection Claim (irpa) / Decision (refugee Protection Division)
Outcome
Claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, Generalized Risk, Gender Related Persecution, Evidence and Credibility
Source Language
English
Immigration Refugee Law Human Rights Gender Based Persecution Convention Refugee Person in Need of Protection Particular Social Group Generalized Risk +2 more

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Parties

XXXXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 of IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97(1) of IRPA
  3. 3 Whether membership in the particular social group 'women' creates nexus to persecutory harm

Ratio Decidendi

The claim is rejected because the risk alleged stems from generalized criminality in Haiti that affects both men and women rather than persecution by reason of membership in the particular social group of 'women'; consequently there is no nexus to a Convention ground and the claimant does not meet the definitions in ss.96 or 97(1) of IRPA.

Court Disposition

Claim rejected

Orders

  • Claim for refugee protection rejected; claimant is not a Convention refugee nor a person in need of protection under ss.96 and 97(1) of the IRPA