TB1-00890

TB1-00890

The claimant's fear arises from criminal retribution which lacks nexus to a Convention ground; Jordan has functioning state protection and the claimant did not rebut the presumption of protection on the balance of probabilities; there is insufficient evidence of a real likelihood of torture or cruel and unusual treatment; accordingly the claim fails under ss.96 and 97(1) IRPA.

Citation
TB1-00890
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 June 2012
Procedural Posture
Refugee Protection RPD Decision / Decision After Hearing
Outcome
Claim dismissed: Not a Convention refugee; Not in need of protection; No substantial risk of torture; Claim rejected under ss.96 and 97(1) IRPA.
Legal Topics
Convention Refugee Determination, State Protection, Persecution Nexus, Risk of Torture, Section 96 and 97 IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Convention Refugee Determination State Protection Persecution Nexus Risk of Torture +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection RPD Decision / Decision After Hearing

Legal Issues

  1. 1 Whether claimant's fear from criminal retribution constitutes persecution for a Convention ground
  2. 2 Whether state protection in Jordan is available and effective
  3. 3 Whether claimant faces a substantial risk of torture or cruel and unusual treatment under s.97(1) IRPA

Ratio Decidendi

The claimant's fear arises from criminal retribution which lacks nexus to a Convention ground; Jordan has functioning state protection and the claimant did not rebut the presumption of protection on the balance of probabilities; there is insufficient evidence of a real likelihood of torture or cruel and unusual treatment; accordingly the claim fails under ss.96 and 97(1) IRPA.

Court Disposition

Claim dismissed: Not a Convention refugee; Not in need of protection; No substantial risk of torture; Claim rejected under ss.96 and 97(1) IRPA.