VB1-03163

VB1-03163

The claims fail because the claimants did not establish an objective, individualized risk of persecution or danger of torture/cruel and unusual treatment upon removal: the minor produced no evidence of risk in the U.S.; the principal's fear based on Midgan clan membership is not supported by credible country evidence showing that current conflict is primarily Islamist and that clan-based targeting has diminished; generalized hardships in Somalia do not satisfy the requirement for personal persecution; therefore claims under sections 96 and 97 are rejected.

Citation
VB1-03163
Parties
Principal Claimant: XXXX XXXX XXXX; Minor Claimant (designated Representative: Principal Claimant): XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 October 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Merits Hearing
Outcome
Claims rejected: neither principal nor minor found to be Convention refugees or persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Country Risk Assessment, Clan Based Persecution, Risk of Torture, Removal/deportation
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Person in Need of Protection Country Risk Assessment Clan Based Persecution Risk of Torture +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant (designated Representative: Principal Claimant)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Merits Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96
  2. 2 Whether claimants are persons in need of protection under subsection 97(1)
  3. 3 Whether claimant faces individualized risk of persecution due to Midgan (Gabooye) clan membership

Ratio Decidendi

The claims fail because the claimants did not establish an objective, individualized risk of persecution or danger of torture/cruel and unusual treatment upon removal: the minor produced no evidence of risk in the U.S.; the principal's fear based on Midgan clan membership is not supported by credible country evidence showing that current conflict is primarily Islamist and that clan-based targeting has diminished; generalized hardships in Somalia do not satisfy the requirement for personal persecution; therefore claims under sections 96 and 97 are rejected.

Court Disposition

Claims rejected: neither principal nor minor found to be Convention refugees or persons in need of protection

Orders

  • Claims of principal claimant XXXX XXXX XXXX and minor claimant XXXX XXXX XXXX are rejected under sections 96 and 97 of the Immigration and Refugee Protection Act
  • There are no substantial grounds to believe removal to Somalia or the United States would subject either claimant personally to torture, death, or cruel and unusual treatment