TA8-09818

TA8-09818

Although claimants were personally threatened and assaulted by MS-13, they failed to establish nexus to a Convention ground and the risk of recruitment/extortion by MS-13 is a generalized risk faced by young men across El Salvador; absent state complicity for torture, they are neither Convention refugees nor persons in need of protection under s.97(1).

Citation
TA8-09818
Parties
First Claimant: XXXXX XXXXX XXXXX XXXXX; Second Claimant: XXXXX XXXXX XXXXX XXXXX; Designated Representative: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 January 2010
Procedural Posture
Refugee Protection Claim / Decision (rpd; Hearing Completed in Chambers)
Outcome
Refugee protection claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Nexus, Generalized Risk, Gang Violence, Extortion, Torture (state Complicity)
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Nexus Generalized Risk Gang Violence +2 more

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Parties

XXXXX XXXXX XXXXX XXXXX

First Claimant

XXXXX XXXXX XXXXX XXXXX

Second Claimant

XXXXX XXXXX XXXXX XXXXX

Designated Representative

Procedural Posture

Refugee Protection Claim / Decision (rpd; Hearing Completed in Chambers)

Legal Issues

  1. 1 Whether claimants established nexus to a Convention ground
  2. 2 Whether claimants are persons in need of protection under s.97(1)(b) of IRPA
  3. 3 Whether risk from MS-13 is generalized or personal

Ratio Decidendi

Although claimants were personally threatened and assaulted by MS-13, they failed to establish nexus to a Convention ground and the risk of recruitment/extortion by MS-13 is a generalized risk faced by young men across El Salvador; absent state complicity for torture, they are neither Convention refugees nor persons in need of protection under s.97(1).

Court Disposition

Refugee protection claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee Protection Division rejects the claims for refugee protection