TA9-17094

TA9-17094

The claims fail because (1) a blood feud/vendetta does not establish nexus to a Convention ground and therefore cannot ground refugee status, and (2) the principal claimant lacked credibility such that there is no well-founded fear or appreciable risk under s.97; accordingly the claimants are neither Convention refugees nor persons in need of protection.

Citation
TA9-17094
Parties
Principal Claimant: XXXX XXXX; Claimant Spouse: XXXXX XXXX; Claimant Minor Child: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 August 2011
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Final Decision (reasons and Decision)
Outcome
Claims rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Nexus, Particular Social Group, Blood Feud/vendetta
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Person in Need of Protection Credibility Nexus Particular Social Group +1 more

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXXX XXXX

Claimant Spouse

XXXX XXXX

Claimant Minor Child

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether fear arising from a blood feud establishes nexus to a Convention ground
  2. 2 Whether the claimants are Convention refugees under s.96 IRPA
  3. 3 Whether the claimants are persons in need of protection under s.97(1)(b) IRPA

Ratio Decidendi

The claims fail because (1) a blood feud/vendetta does not establish nexus to a Convention ground and therefore cannot ground refugee status, and (2) the principal claimant lacked credibility such that there is no well-founded fear or appreciable risk under s.97; accordingly the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected

Orders

  • Refugee protection claims rejected; no Convention refugee or protection finding under IRPA sections 96 or 97(1)(b).
  • No finding that claimants face a risk of torture, risk to life, or risk of cruel and unusual treatment or punishment if returned to Macedonia.