MA2-02855

MA2-02855

The claimant's risk of death arises from his medical condition and the country's lack of dialysis capacity, not from persecution by the state or agents; therefore he is not a Convention refugee. Further, section 97(1)(b)(iv) of the IRPA excludes protection where the risk is caused by a country's inability to provide adequate medical care, so he is not a person in need of protection; no evidence of torture was shown and the panel lacks jurisdiction to grant humanitarian relief.

Citation
MA2-02855
Parties
Claimant: XXXXXXXXXXXXXXX; Claimant's Counsel: Me Stephen J. Fogarty; Minister's Counsel: Me Wilma van Doorn; Panel Member: Me Gilles Éthier; Refugee Protection Officer: Refugee Protection Officer
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 August 2002
Procedural Posture
Refugee Protection Claim / Hearing and Decision (refugee Protection Division)
Outcome
Claim dismissed; claimant not recognized as a Convention refugee or a person in need of protection.
Legal Topics
Convention Refugee Definition, Person in Need of Protection, Particular Social Group, Medical Incapacity, Non Refoulement, Convention Against Torture, Immigration and Refugee Protection Act S.97(1)(b)(iv)
Source Language
English
Immigration Law Refugee Law International Human Rights Law Health Law Convention Refugee Definition Person in Need of Protection Particular Social Group Medical Incapacity +3 more

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Parties

XXXXXXXXXXXXXXX

Claimant

Me Stephen J. Fogarty

Claimant's Counsel

Me Wilma van Doorn

Minister's Counsel

Me Gilles Éthier

Panel Member

Refugee Protection Officer

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant qualifies as a Convention refugee under the Refugee Convention
  2. 2 Whether claimant is a person in need of protection under section 97(1)(b)(iv) of the IRPA
  3. 3 Whether persons with renal failure in St. Vincent constitute a 'particular social group' for refugee purposes

Ratio Decidendi

The claimant's risk of death arises from his medical condition and the country's lack of dialysis capacity, not from persecution by the state or agents; therefore he is not a Convention refugee. Further, section 97(1)(b)(iv) of the IRPA excludes protection where the risk is caused by a country's inability to provide adequate medical care, so he is not a person in need of protection; no evidence of torture was shown and the panel lacks jurisdiction to grant humanitarian relief.

Court Disposition

Claim dismissed; claimant not recognized as a Convention refugee or a person in need of protection.

Orders

  • Claim dismissed. Not recognized as a Convention refugee or a person in need of protection.