MA8-11574

MA8-11574

The Tribunal rejected the claimant's account as not credible and, independently, found no nexus between the alleged harm and a protected ground: criminal gangs are apolitical and violence is generalized in Haiti; Haitian women are not targeted qua women in the current context; risks identified are countrywide generalized risks rather than particularized persecution, therefore claimant is neither a convention refugee under s96 nor a person in need of protection under s97.

Citation
MA8-11574
Parties
Claimant: XXXXX XXXXX; Claimant's Counsel: Russell Kaplan; Panel: Alexander George Johnstone; Tribunal Officer: Myra Shuster
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 May 2010
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim denied; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, Imputed Political Opinion, Gender Based Persecution, Credibility, Generalized Risk, State Protection
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Person in Need of Protection Particular Social Group Imputed Political Opinion Gender Based Persecution +3 more

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Parties

XXXXX XXXXX

Claimant

Russell Kaplan

Claimant's Counsel

Alexander George Johnstone

Panel

Myra Shuster

Tribunal Officer

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Credibility of claimant's narrative
  2. 2 Whether nexus exists between alleged harm and protected grounds under s96 IRPA
  3. 3 Whether Haitian women constitute a persecuted particular social group in present conditions

Ratio Decidendi

The Tribunal rejected the claimant's account as not credible and, independently, found no nexus between the alleged harm and a protected ground: criminal gangs are apolitical and violence is generalized in Haiti; Haitian women are not targeted qua women in the current context; risks identified are countrywide generalized risks rather than particularized persecution, therefore claimant is neither a convention refugee under s96 nor a person in need of protection under s97.

Court Disposition

Claim denied; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Refugee protection claim dismissed; no protection granted