TB1-00455

TB1-00455

The Board found that the claimants were victims of common criminal extortion by MS-13 tied to perceived wealth, that this risk is generalized and prevalent in Honduras rather than individualized or linked to a Convention ground, and therefore the claimants are neither Convention refugees nor persons in need of protection under s.97(1) of the IRPA; accordingly the claims are rejected.

Citation
TB1-00455
Parties
Claimant: XXXX XXXX XXXX XXXX; Claimant: XXXXXXXX XXXX XXXX; Claimant: XXXX XXXXXXXX XXXX; Claimant: XXXX XXXX XXXXXXXX; Claimant: XXXX XXXX XXXX XXXXX; Claimant: XXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 November 2012
Procedural Posture
Refugee Protection (irpa Ss.96 97) / Decision (rpd Reasons and Decision)
Outcome
All claims rejected; claimants are not Convention refugees and not persons in need of protection under s.97(1) IRPA.
Legal Topics
Convention Refugee, Person in Need of Protection, Generalized Risk, Extortion, State Protection, Police Corruption, Nexus
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Generalized Risk Extortion State Protection +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXXXXXX XXXX XXXX

Claimant

XXXX XXXXXXXX XXXX

Claimant

XXXX XXXX XXXXXXXX

Claimant

XXXX XXXX XXXX XXXXX

Claimant

XXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection (irpa Ss.96 97) / Decision (rpd Reasons and Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees (nexus to protected ground)
  2. 2 Whether claimants are persons in need of protection under s.97(1)(b) of the IRPA
  3. 3 Whether the risk faced is personalized or generalized

Ratio Decidendi

The Board found that the claimants were victims of common criminal extortion by MS-13 tied to perceived wealth, that this risk is generalized and prevalent in Honduras rather than individualized or linked to a Convention ground, and therefore the claimants are neither Convention refugees nor persons in need of protection under s.97(1) of the IRPA; accordingly the claims are rejected.

Court Disposition

All claims rejected; claimants are not Convention refugees and not persons in need of protection under s.97(1) IRPA.