TB0-10408

TB0-10408

The extortion threats were criminally motivated because of the claimant's perceived wealth and not linked to a Convention ground; the risk of extortion and gang violence is generalized across Guatemala and not personalized to the claimants; no government complicity was established; therefore the claimants are neither Convention refugees nor persons in need of protection under IRPA ss.96 and 97(1).

Citation
TB0-10408
Parties
Principal Claimant: XXXXX XXXXX XXXXXX XXXXX; Spouse: XXXXX XXXXX XXXXXX XXXXX; Child: XXXX XXXX; Child: XXXXX XXXXX XXXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 July 2011
Procedural Posture
Refugee Protection (irpa Ss.96 and 97(1)) / Final Decision (reasons Issued July 12, 2011)
Outcome
Claims rejected; not Convention refugees; not persons in need of protection under IRPA ss.96 and 97(1).
Legal Topics
Convention Refugee, Person in Need of Protection, Nexus, Generalized Risk, Extortion, Gang Violence, State Protection
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Nexus Generalized Risk Extortion +2 more

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Parties

XXXXX XXXXX XXXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXXX XXXXX

Spouse

XXXX XXXX

Child

XXXXX XXXXX XXXXXX XXXXX

Child

Procedural Posture

Refugee Protection (irpa Ss.96 and 97(1)) / Final Decision (reasons Issued July 12, 2011)

Legal Issues

  1. 1 Whether claimant's fear is linked to a Convention ground (nexus)
  2. 2 Whether claimant faces a personalized risk under s.97(1)
  3. 3 Whether there is government involvement or complicity (torture)

Ratio Decidendi

The extortion threats were criminally motivated because of the claimant's perceived wealth and not linked to a Convention ground; the risk of extortion and gang violence is generalized across Guatemala and not personalized to the claimants; no government complicity was established; therefore the claimants are neither Convention refugees nor persons in need of protection under IRPA ss.96 and 97(1).

Court Disposition

Claims rejected; not Convention refugees; not persons in need of protection under IRPA ss.96 and 97(1).

Orders

  • Refugee claims dismissed for principal claimant, spouse and children