VA8-04819

VA8-04819

The claimants failed to establish a nexus between the threats and a Convention ground and failed to show a personalized risk to life, cruel and unusual treatment or torture on return; the evidence demonstrates criminality and generalized violence rather than persecution warranting protection under sections 96 or 97, therefore both claims are dismissed.

Citation
VA8-04819
Parties
Principal Claimant: XXXXXX XXXXX XXXXX; Associate Claimant: XXXX XXXXXX XXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 March 2011
Procedural Posture
Refugee Protection / Decision (reasons for Decision)
Outcome
Claims denied; both principal and associate claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Section 96 IRPA, Section 97 IRPA, Risk Assessment, Denunciation, Threats, Country Conditions, Nexus
Source Language
English
Immigration and Refugee Protection Refugee Law Human Rights Criminal Law Gender Based Violence Convention Refugee Person in Need of Protection Section 96 IRPA +6 more

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Parties

XXXXXX XXXXX XXXXX

Principal Claimant

XXXX XXXXXX XXXXXX

Associate Claimant

Procedural Posture

Refugee Protection / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether the principal claimant is a person in need of protection under section 97 of the IRPA
  3. 3 Whether there is a nexus between the claimed risk and a Convention ground

Ratio Decidendi

The claimants failed to establish a nexus between the threats and a Convention ground and failed to show a personalized risk to life, cruel and unusual treatment or torture on return; the evidence demonstrates criminality and generalized violence rather than persecution warranting protection under sections 96 or 97, therefore both claims are dismissed.

Court Disposition

Claims denied; both principal and associate claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Claim of XXXXXX XXXXX XXXXX denied.
  • Claim of XXXX XXXXXX XXXXXX denied.