TA8-12953

TA8-12953

The claimants were not Convention refugees and not persons in need of protection because the alleged harms lacked nexus to a Convention ground, were consistent with generalized criminality rather than politically motivated persecution, and the claimants' credibility was undermined by re-availment and failure to seek protection while in the United States.

Citation
TA8-12953
Parties
Primary Claimant: XXXXX XXXXX; Co Claimant: Martha XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 August 2009
Procedural Posture
Refugee Protection Claim / Decision After Hearing
Outcome
Claims rejected; claimants are not Convention refugees and not persons in need of protection
Legal Topics
Convention Refugee, Well Founded Fear, Re Availment, Failure to Claim Elsewhere, Generalized Violence, Nexus to Convention Ground, Credibility Findings
Source Language
English
Refugee Protection Immigration Law Human Rights Criminal Law Convention Refugee Well Founded Fear Re Availment Failure to Claim Elsewhere +3 more

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Parties

XXXXX XXXXX

Primary Claimant

Martha XXXXX XXXXX

Co Claimant

Procedural Posture

Refugee Protection Claim / Decision After Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees under IRPA
  2. 2 Whether claimants are persons in need of protection (risk to life/cruel treatment/torture)
  3. 3 Whether alleged harm is persecution linked to a Convention ground or generalized criminality

Ratio Decidendi

The claimants were not Convention refugees and not persons in need of protection because the alleged harms lacked nexus to a Convention ground, were consistent with generalized criminality rather than politically motivated persecution, and the claimants' credibility was undermined by re-availment and failure to seek protection while in the United States.

Court Disposition

Claims rejected; claimants are not Convention refugees and not persons in need of protection