MB2-02122

MB2-02122

The extortion and recruitment demands were directed at the employer and the male claimant acted as intermediary; there is no nexus to a Convention ground and no prospective individualized risk after more than five years and given endemic gang violence in El Salvador; therefore the adult claimants are neither Convention refugees nor persons in need of protection under sections 96 and 97(1)(b) IRPA, and the minor, a U.S. citizen, faces no recognized risk in his country of nationality.

Citation
MB2-02122
Parties
Claimant (female): XXXX XXXX XXXX XXXX XXXX; Claimant (male): XXXX XXXX XXXX XXXX; Co Claimant (minor): XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 October 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision at Refugee Protection Division After Hearing
Outcome
Refugee protection claims dismissed; claimants are not Convention refugees and not persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Risk of Torture, Gang Violence, Well Founded Fear, Non State Actor Persecution
Source Language
English
Immigration Law Refugee Law International Human Rights Convention Refugee Person in Need of Protection Risk of Torture Gang Violence Well Founded Fear +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX

Claimant (female)

XXXX XXXX XXXX XXXX

Claimant (male)

XXXX XXXX XXXX XXXX

Co Claimant (minor)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision at Refugee Protection Division After Hearing

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees under section 96 IRPA
  2. 2 Whether claimants are persons in need of protection under section 97(1)(b) IRPA
  3. 3 Whether extortion and recruitment attempts by maras constitute persecution linked to a Convention ground

Ratio Decidendi

The extortion and recruitment demands were directed at the employer and the male claimant acted as intermediary; there is no nexus to a Convention ground and no prospective individualized risk after more than five years and given endemic gang violence in El Salvador; therefore the adult claimants are neither Convention refugees nor persons in need of protection under sections 96 and 97(1)(b) IRPA, and the minor, a U.S. citizen, faces no recognized risk in his country of nationality.

Court Disposition

Refugee protection claims dismissed; claimants are not Convention refugees and not persons in need of protection

Orders

  • Refugee protection claims of the adult claimants and minor claimant are rejected
  • Female claimant appointed as designated representative of the minor claimant (as recorded)