VA9-00148

VA9-00148

The tribunal found that although the principal claimant suffered past sexual violence (establishing nexus), the events were part of localized criminal/extortionate violence and not persecution on a Convention ground; there was no evidence of future targeting or a personalized risk to life or risk of torture, therefore the claims failed under s.96 and s.97(1) of the IRPA.

Citation
VA9-00148
Parties
Principal Claimant: XXXXX XXXXX; Infant Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 June 2010
Procedural Posture
Refugee Protection Claim / Decision of Refugee Protection Division
Outcome
Refugee protection claims denied; claimants found neither Convention refugees nor persons in need of protection under ss.96 and 97(1) of the IRPA.
Legal Topics
Convention Refugee, Person in Need of Protection, Gender Based Persecution, Ethnicity, Generalized Violence, Internal Flight Alternative, Credibility
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Gender Based Persecution Ethnicity Generalized Violence +2 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Infant Claimant

Procedural Posture

Refugee Protection Claim / Decision of Refugee Protection Division

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96
  2. 2 Whether claimants are persons in need of protection under s.97(1)
  3. 3 Whether past sexual violence and ethnicity establish nexus to a Convention ground

Ratio Decidendi

The tribunal found that although the principal claimant suffered past sexual violence (establishing nexus), the events were part of localized criminal/extortionate violence and not persecution on a Convention ground; there was no evidence of future targeting or a personalized risk to life or risk of torture, therefore the claims failed under s.96 and s.97(1) of the IRPA.

Court Disposition

Refugee protection claims denied; claimants found neither Convention refugees nor persons in need of protection under ss.96 and 97(1) of the IRPA.

Orders

  • Refugee protection claims of XXXXX XXXXX, XXXXX XXXXX, and XXXXX XXXXX are denied (Decision dated 30 June 2010 by D. M. Tkachuk).