TB0-04778

TB0-04778

The claimants' evidence established attempted extortion and threats but failed to establish nexus to a Convention ground and failed to show a personalized risk distinguishable from the generalized gang-related violence in El Salvador; therefore they are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) of the IRPA.

Citation
TB0-04778
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXX XXXXXXXXXX; Claimant (son): XXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 July 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Reasons and Decision Issued
Outcome
Refugee claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee, Persons in Need of Protection, Nexus, Generalized Risk, Extortion, Gang Violence, Re Availment, Credibility
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Persons in Need of Protection Nexus Generalized Risk Extortion +3 more

Case Brief

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Parties

XXXXXXXXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXX XXXXXXXXXX

Minor Claimant

XXXXXXXXXXXXXXXXX

Claimant (son)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Concluded; Reasons and Decision Issued

Legal Issues

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

Ratio Decidendi

The claimants' evidence established attempted extortion and threats but failed to establish nexus to a Convention ground and failed to show a personalized risk distinguishable from the generalized gang-related violence in El Salvador; therefore they are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) of the IRPA.

Court Disposition

Refugee claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee Protection Division rejects these claims