TB6-08482

TB6-08482

The panel found the claimant lacked credible subjective fear due to her prolonged failure to seek protection while in the United States and inconsistent explanations; additionally the risk she alleges is general criminality in Haiti lacking nexus to a Convention ground and does not meet the s.97 standard for protection; therefore she is neither a Convention refugee nor a person in need of protection and her claim is rejected.

Citation
TB6-08482
Parties
Claimant/asylum Seeker: XXXX XXXX XXXX XXXX; Respondent/minister: Minister of Citizenship and Immigration (represented)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 September 2016
Procedural Posture
Refugee Protection Claim / Decision of Refugee Protection Division on S.96 and S.97 Claims
Outcome
Refugee claim rejected — claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee Definition, Person in Need of Protection (s.97), Credibility and Delay, Safe Third Country Doctrine, Nexus to Convention Grounds, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Definition Person in Need of Protection (s.97) Credibility and Delay Safe Third Country Doctrine Nexus to Convention Grounds +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant/asylum Seeker

Minister of Citizenship and Immigration (represented)

Respondent/minister

Procedural Posture

Refugee Protection Claim / Decision of Refugee Protection Division on S.96 and S.97 Claims

Legal Issues

  1. 1 Whether the claimant has established subjective fear of persecution
  2. 2 Whether claimant's delay and failure to claim in the United States undermines credibility
  3. 3 Whether the risk in Haiti is persecution linked to a Convention ground (nexus)

Ratio Decidendi

The panel found the claimant lacked credible subjective fear due to her prolonged failure to seek protection while in the United States and inconsistent explanations; additionally the risk she alleges is general criminality in Haiti lacking nexus to a Convention ground and does not meet the s.97 standard for protection; therefore she is neither a Convention refugee nor a person in need of protection and her claim is rejected.

Court Disposition

Refugee claim rejected — claimant found not to be a Convention refugee and not a person in need of protection

Orders

  • Refugee Protection Division rejects the claimant's claim under ss.96 and 97 of the Immigration and Refugee Protection Act