TA8-13357

TA8-13357

The panel rejected the claims because the kidnapping risk was generalized criminality affecting Haitians broadly and therefore lacked nexus to Convention grounds and did not meet the personalization threshold under s.97(1)(b)(ii); consequently the claimants are neither Convention refugees nor persons in need of protection.

Citation
TA8-13357
Parties
Principal Claimant: XXXXX XXXXX - XXXXX; Spouse: XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 May 2010
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision on Protection Claim
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection (s.97), Nexus, Personalized Risk, Kidnapping, Gender Related Persecution, Particular Social Group
Source Language
English
Refugee Law Immigration Law Criminality and Human Security Convention Refugee Person in Need of Protection (s.97) Nexus Personalized Risk Kidnapping +2 more

Case Brief

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Parties

XXXXX XXXXX - XXXXX

Principal Claimant

XXXXX XXXXX

Spouse

XXXXX XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision on Protection Claim

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether claimants are persons in need of protection under s.97(1)(b)(ii) of IRPA
  3. 3 Whether there is nexus between feared harm and Convention grounds

Ratio Decidendi

The panel rejected the claims because the kidnapping risk was generalized criminality affecting Haitians broadly and therefore lacked nexus to Convention grounds and did not meet the personalization threshold under s.97(1)(b)(ii); consequently the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

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

Orders

  • Claims rejected by Refugee Protection Division; decision dated May 27, 2010