TB7-02754

TB7-02754

The claimants fail because the Principal Claimant is not a member of a 'particular social group' based on occupation and therefore no nexus under s.96; although not excluded under Article 1F(a) or 1F(b) on the evidence, the claimants' testimony and documentary record are not credible on a balance of probabilities and thus they have not established a personal risk of torture, death, or cruel and unusual treatment under s.97; accordingly their refugee protection claims are rejected under IRPA s.107(1).

Citation
TB7-02754
Parties
Claimant Principal: XXXX XXXX XXXX XXXX (Principal Claimant); Claimant Mother / Designated Representative: XXXX XXXX XXXX XXXX XXXX (Mother Claimant); Claimant Child: XXXX XXXX XXXX XXXX (Girl Claimant, age 8); Claimant Child: XXXX XXXX XXXX XXXX (Boy Claimant, age 4); Claimant Adult Family Member: XXXX XXXX XXXX XXXX (Other Adult Claimant, age 21); Respondent Minister: Minister of Immigration (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 June 2017
Procedural Posture
Refugee Protection Claim Under IRPA / Decision on Merits (refugee Protection Division Decision)
Outcome
Claims for refugee protection rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Article 1 F Exclusion, Credibility Assessment, State Protection, Internal Flight Alternative, Extrajudicial Killings, Organized Crime (ms 13)
Source Language
English
Immigration Law Refugee Law International Human Rights Law Administrative Law Criminal Law Convention Refugee Person in Need of Protection Article 1 F Exclusion +5 more

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Parties

XXXX XXXX XXXX XXXX (Principal Claimant)

Claimant Principal

XXXX XXXX XXXX XXXX XXXX (Mother Claimant)

Claimant Mother / Designated Representative

XXXX XXXX XXXX XXXX (Girl Claimant, age 8)

Claimant Child

XXXX XXXX XXXX XXXX (Boy Claimant, age 4)

Claimant Child

XXXX XXXX XXXX XXXX (Other Adult Claimant, age 21)

Claimant Adult Family Member

Minister of Immigration (Respondent)

Respondent Minister

Procedural Posture

Refugee Protection Claim Under IRPA / Decision on Merits (refugee Protection Division Decision)

Legal Issues

  1. 1 Whether claimants demonstrated nexus to a Convention ground (particular social group)
  2. 2 Whether Principal Claimant is excluded under Article 1F(a) for crimes against humanity
  3. 3 Whether Principal Claimant is excluded under Article 1F(b) for serious non-political crime outside Canada

Ratio Decidendi

The claimants fail because the Principal Claimant is not a member of a 'particular social group' based on occupation and therefore no nexus under s.96; although not excluded under Article 1F(a) or 1F(b) on the evidence, the claimants' testimony and documentary record are not credible on a balance of probabilities and thus they have not established a personal risk of torture, death, or cruel and unusual treatment under s.97; accordingly their refugee protection claims are rejected under IRPA s.107(1).

Court Disposition

Claims for refugee protection rejected

Orders

  • Claims rejected under section 107(1) of the Immigration and Refugee Protection Act; decision dated June 8, 2017 by J. Hill