TB1-04029

TB1-04029

The claims were dismissed because the Board found on the balance of probabilities that the harms alleged resulted from ordinary criminality without nexus to a Convention ground, the risk of extortion/violence by La Familia is a generalized risk faced by business owners in Mexico, and the claimants failed to rebut the presumption of available state protection or provide sufficient evidence to demonstrate a personalized risk not shared by others.

Citation
TB1-04029
Parties
Principal Claimant: XXXX XXXX XXXX; Dependent Claimant: XXXXXXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 October 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (final Determination)
Outcome
Claims dismissed; claimants are neither Convention refugees nor persons in need of protection pursuant to ss.96 and 97(1) of IRPA.
Legal Topics
Convention Refugee, Person in Need of Protection, Nexus to Convention Ground, Extortion, Generalized Risk, State Protection
Source Language
English
Immigration Law Refugee Law Human Rights Criminal Law Convention Refugee Person in Need of Protection Nexus to Convention Ground Extortion +2 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXXXXXX XXXX XXXX

Dependent Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (final Determination)

Legal Issues

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

Ratio Decidendi

The claims were dismissed because the Board found on the balance of probabilities that the harms alleged resulted from ordinary criminality without nexus to a Convention ground, the risk of extortion/violence by La Familia is a generalized risk faced by business owners in Mexico, and the claimants failed to rebut the presumption of available state protection or provide sufficient evidence to demonstrate a personalized risk not shared by others.

Court Disposition

Claims dismissed; claimants are neither Convention refugees nor persons in need of protection pursuant to ss.96 and 97(1) of IRPA.

Orders

  • Claim for refugee protection denied; no protection order granted.