TB0-17651

The panel found the claimants failed to show nexus between the feared harm and a Convention ground under s.96 and failed to demonstrate a personalized risk on a balance of probabilities under s.97; therefore the claims for refugee protection were rejected.

Citation: TB0-17651
Parties: Principal Claimant: XXXX XXXXX XXXXX; Female Claimant: XXXX XXXXXX XXXX XXX XXXXXX; Adjudicator: James Waters
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 5 July 2011
Procedural Posture: Refugee Protection (irpa Ss.96 and 97) / Hearing and Decision
Outcome: Claimants' refugee protection claims rejected; not Convention refugees and not persons in need of protection under s.97 of the IRPA.
Legal Topics: Convention Refugee, Risk of Persecution, Section 97 Protection, Nexus, Family Vendetta, Generalized Risk
Source Language: English

Immigration Law Refugee Law Administrative Law Convention Refugee Risk of Persecution Section 97 Protection Nexus Family Vendetta +1 more

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Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2

Parties

XXXX XXXXX XXXXX

Principal Claimant

XXXX XXXXXX XXXX XXX XXXXXX

Female Claimant

James Waters

Adjudicator

Procedural Posture

Refugee Protection (irpa Ss.96 and 97) / Hearing and Decision

Legal Issues

1 Whether claimants are Convention refugees under s.96 of the IRPA
2 Whether claimants are persons in need of protection under s.97 of the IRPA
3 Whether there is nexus between the alleged harm and a Convention ground

Ratio Decidendi

Court Disposition

Claimants' refugee protection claims rejected; not Convention refugees and not persons in need of protection under s.97 of the IRPA.

Orders

Refugee protection claims rejected