MA8-05810

MA8-05810

Although the claimants were found credible, the panel determined the risk they face arises from widespread criminality affecting merchants and is therefore a generalized risk rather than a personal risk under s.97(1)(b); consequently they are not Convention refugees under s.96 nor persons in need of protection under s.97(1).

Citation
MA8-05810
Parties
Principal Claimant: XXXXXXXXXXXXXXXXXX; Spouse: XXXXXXXXXXXXXXXXXXXX; Minor Child: XXXXXXXXXXXXXXXXXXXXXX; Minor Child: XXXXXXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 October 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Decision After Merits Hearing
Outcome
Refugee protection claims rejected
Legal Topics
Convention Refugee, Person in Need of Protection (s.97), Personalized Risk Vs Generalized Risk, State Protection Availability, Credibility and Burden of Proof, Organized Crime and Country Conditions
Source Language
English
Immigration Law Refugee Law Criminal Law Administrative Law Convention Refugee Person in Need of Protection (s.97) Personalized Risk Vs Generalized Risk State Protection Availability +2 more

Case Brief

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Parties

XXXXXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXXXXXXXX

Spouse

XXXXXXXXXXXXXXXXXXXXXX

Minor Child

XXXXXXXXXXXXXXXXXXXXX

Minor Child

Procedural Posture

Refugee Protection Claim Under IRPA / Decision After Merits Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 IRPA
  2. 2 Whether claimants are persons in need of protection under subsection 97(1) IRPA
  3. 3 Whether the risk is personalised and distinct from generalized criminality in Mexico

Ratio Decidendi

Although the claimants were found credible, the panel determined the risk they face arises from widespread criminality affecting merchants and is therefore a generalized risk rather than a personal risk under s.97(1)(b); consequently they are not Convention refugees under s.96 nor persons in need of protection under s.97(1).

Court Disposition

Refugee protection claims rejected

Orders

  • Refugee protection claims denied; claimants are not Convention refugees and are not persons in need of protection under subsection 97(1) of the IRPA