MA8-11599

MA8-11599

The claimants' application is rejected because their alleged harm arises from criminal activity without a Convention nexus, their evidence and documentary record are not credible or consistent, and they failed to rebut the presumption of effective state protection in Saint Vincent and the Grenadines; therefore they are neither Convention refugees nor persons in need of protection.

Citation
MA8-11599
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX XXXXX; Child: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 December 2009
Procedural Posture
Refugee Protection (convention Refugee Claim) / Hearing and Decision
Outcome
Claim dismissed; claimants are not Convention refugees and are not persons in need of protection.
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Credibility and Documentary Evidence, Torture, Risk to Life, Sexual Assault of a Minor, Production of Documents
Source Language
English
Immigration Refugee Law Criminal Law Administrative Law Human Rights Convention Refugee Particular Social Group State Protection +5 more

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Spouse

XXXXX XXXXX XXXXX

Child

Procedural Posture

Refugee Protection (convention Refugee Claim) / Hearing and Decision

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees based on membership in a particular social group
  2. 2 Whether the claimants face a risk to life or risk of cruel and unusual treatment or torture
  3. 3 Whether there is a nexus between the alleged harm and a Convention ground

Ratio Decidendi

The claimants' application is rejected because their alleged harm arises from criminal activity without a Convention nexus, their evidence and documentary record are not credible or consistent, and they failed to rebut the presumption of effective state protection in Saint Vincent and the Grenadines; therefore they are neither Convention refugees nor persons in need of protection.

Court Disposition

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