TB7-15143

TB7-15143

The claimants' fear arises from extortion by an organized criminal group and is not linked to a Convention ground; on a balance of probabilities the family can relocate internally (to Concepcion, Ocotepeque) and would not face personal risk there; credibility concerns about key incidents further undermine the claim; therefore refugee protection is not established and removal would not expose them to risk to life, torture or cruel and unusual treatment.

Citation
TB7-15143
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Husband / Adult Claimant: XXXX XXXX XXXX XXXX; Elder Claimant / Parent: XXXX XXXX XXXX XXXX; Minor Claimant / Child: XXXX XXXX XXXX XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 August 2018
Procedural Posture
Refugee Protection Claim Under IRPA (sections 96 and 97) / Hearing and Decision (refugee Protection Division)
Outcome
Claims for refugee protection rejected
Legal Topics
Convention Refugee Definition, Nexus to Convention Grounds, Internal Flight Alternative, Credibility Assessment, Organized Crime/extortion
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Definition Nexus to Convention Grounds Internal Flight Alternative Credibility Assessment Organized Crime/extortion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Husband / Adult Claimant

XXXX XXXX XXXX XXXX

Elder Claimant / Parent

XXXX XXXX XXXX XXXX XXXX

Minor Claimant / Child

Minister of Citizenship and Immigration

Respondent / Minister

Procedural Posture

Refugee Protection Claim Under IRPA (sections 96 and 97) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Have the claimants established their identities?
  2. 2 Is there a nexus to a Convention ground for persecution?
  3. 3 Is there a viable internal flight alternative (IFA) in Honduras?

Ratio Decidendi

The claimants' fear arises from extortion by an organized criminal group and is not linked to a Convention ground; on a balance of probabilities the family can relocate internally (to Concepcion, Ocotepeque) and would not face personal risk there; credibility concerns about key incidents further undermine the claim; therefore refugee protection is not established and removal would not expose them to risk to life, torture or cruel and unusual treatment.

Court Disposition

Claims for refugee protection rejected

Orders

  • Refugee protection claims of all named claimants are rejected
  • Principal claimant designated as Designated Representative for the minor claimants and for the claimant with dementia