MB2-06075

MB2-06075

On the balance of probabilities the claimant failed to establish a personalized risk of persecution or a risk to life or of cruel and unusual treatment on return: he was never personally targeted or recruited, credible country evidence established Al-Shabaab's weakening and reduced clan-based threats in Mogadishu, his family retained local protection via payment to the Hawiye, and the father's written statement was discounted; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
MB2-06075
Parties
Claimant: XXXX XXXX; Claimant's Counsel: Russell L. Kaplan; Decision Maker: Edward Aronoff
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 November 2014
Procedural Posture
Refugee Protection (s.96 and S.97(1) Immigration and Refugee Protection Act) / Hearing and Decision
Outcome
Claim dismissed: claimant is not a Convention refugee under s.96 and not a person in need of protection under s.97(1) of the Act.
Legal Topics
Convention Refugee, Person in Need of Protection, Membership of a Particular Social Group, Country Condition Evidence, Credibility and Documentary Proof
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Membership of a Particular Social Group Country Condition Evidence Credibility and Documentary Proof

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Parties

XXXX XXXX

Claimant

Russell L. Kaplan

Claimant's Counsel

Edward Aronoff

Decision Maker

Procedural Posture

Refugee Protection (s.96 and S.97(1) Immigration and Refugee Protection Act) / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the Act
  2. 2 Whether the claimant is a person in need of protection under section 97(1) of the Act
  3. 3 Whether the claimant faces a personalized risk from Al-Shabaab or the Hawiye clan on return to Somalia

Ratio Decidendi

On the balance of probabilities the claimant failed to establish a personalized risk of persecution or a risk to life or of cruel and unusual treatment on return: he was never personally targeted or recruited, credible country evidence established Al-Shabaab's weakening and reduced clan-based threats in Mogadishu, his family retained local protection via payment to the Hawiye, and the father's written statement was discounted; therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed: claimant is not a Convention refugee under s.96 and not a person in need of protection under s.97(1) of the Act.

Orders

  • Refugee protection claim denied.