MB2-02634

The claim is rejected because the alleged harm arises from private vengeance (no nexus to a Convention ground) and the claimant failed to rebut the presumption that Algerian state protection was available under paragraph 97(1)(b), including by failing to seek police protection for a threatening call.

Citation: MB2-02634
Parties: Claimant: XXXX XXXX; Adjudicator: José wa Tshisungu Tshisungu
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 12 March 2014
Procedural Posture: Refugee Protection Claim / Decision Following Hearing
Outcome: Claim dismissed; claimant is not a person in need of protection and not a Convention refugee.
Legal Topics: Convention Refugee, State Protection, Credibility Assessment, Nexus to Convention Grounds
Source Language: English

Immigration Refugee Law International Protection Convention Refugee State Protection Credibility Assessment Nexus to Convention Grounds

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Parties

XXXX XXXX

Claimant

José wa Tshisungu Tshisungu

Adjudicator

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

1 Whether the claimant is a Convention refugee under section 96 and paragraph 97(1)(b) of the IRPA
2 Whether the claimant's allegations engage a Convention ground or are private vengeance
3 Whether state protection in Algeria was available and whether the claimant rebutted the presumption of protection

Ratio Decidendi

Court Disposition

Claim dismissed; claimant is not a person in need of protection and not a Convention refugee.