VA4-02454

VA4-02454

The claims are dismissed because the tribunal found insufficient evidence to establish a nexus between the feared harm and a Convention ground, significant credibility and evidentiary gaps, and no clear demonstration that state protection in South Korea would be unavailable; therefore the claimants do not have a well-founded fear of persecution nor are they persons in need of protection or at risk of torture or cruel and unusual treatment.

Citation
VA4-02454
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX; Minor Claimant (son): XXXXX XXXXX XXXXX; Refugee Protection Officer: M. Browne; Panel Member: Fred Hitchcock
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 November 2005
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (claim Dismissed)
Outcome
Refused; refugee protection claims dismissed
Legal Topics
Convention Refugee Determination, State Protection, Political Opinion, Membership of a Particular Social Group, Persecution by Non State Actors (organized Crime/loan Sharks), Credibility Assessment, Gender Related Considerations, Humanitarian and Compassionate Application
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Convention Refugee Determination State Protection Political Opinion Membership of a Particular Social Group +4 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Minor Claimant (son)

M. Browne

Refugee Protection Officer

Fred Hitchcock

Panel Member

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (claim Dismissed)

Legal Issues

  1. 1 Whether claimants have nexus between feared harm and a Convention ground
  2. 2 Whether claimants face a well-founded fear of persecution
  3. 3 Whether state protection in South Korea is available and effective

Ratio Decidendi

The claims are dismissed because the tribunal found insufficient evidence to establish a nexus between the feared harm and a Convention ground, significant credibility and evidentiary gaps, and no clear demonstration that state protection in South Korea would be unavailable; therefore the claimants do not have a well-founded fear of persecution nor are they persons in need of protection or at risk of torture or cruel and unusual treatment.

Court Disposition

Refused; refugee protection claims dismissed

Orders

  • Refugee protection claims of the four claimants are dismissed
  • No Convention refugee status or protection is granted