TB3-04115

TB3-04115

The panel accepted that the claimants were victims of serious crime (home invasion and kidnapping) but rejected the Convention refugee claim for lack of nexus to political opinion and concluded the threat from criminality is a generalized risk under s.97(1)(b)(iv), therefore the claimants are not eligible for refugee protection; claims dismissed.

Citation
TB3-04115
Parties
Claimant: XXXX XXXX (TB3-04105); Claimant: XXXX XXXX (TB3-04113); Claimant: XXXX XXXX (TB3-04114); Claimant: XXXX XXXX (TB3-04115)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 October 2013
Procedural Posture
Refugee Protection (irpa S.96 and S.97) / Hearing — Oral Decision
Outcome
Refugee protection claims rejected
Legal Topics
Convention Refugee (s.96), Person in Need of Protection (s.97), Generalized Risk (s.97(1)(b)(iv)), Nexus to Political Opinion, Credibility and Corroboration, Kidnapping / Home Invasion
Source Language
English
Immigration Refugee Protection Criminality / Organized Crime Humanitarian and Compassionate Considerations Convention Refugee (s.96) Person in Need of Protection (s.97) Generalized Risk (s.97(1)(b)(iv)) Nexus to Political Opinion +2 more

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Parties

XXXX XXXX (TB3-04105)

Claimant

XXXX XXXX (TB3-04113)

Claimant

XXXX XXXX (TB3-04114)

Claimant

XXXX XXXX (TB3-04115)

Claimant

Procedural Posture

Refugee Protection (irpa S.96 and S.97) / Hearing — Oral Decision

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees under s.96 due to imputed political opinion
  2. 2 Whether claimants are persons in need of protection under s.97 due to risk from organized crime/kidnapping
  3. 3 Whether the risk is individualized or generalized under s.97(1)(b)(iv)

Ratio Decidendi

The panel accepted that the claimants were victims of serious crime (home invasion and kidnapping) but rejected the Convention refugee claim for lack of nexus to political opinion and concluded the threat from criminality is a generalized risk under s.97(1)(b)(iv), therefore the claimants are not eligible for refugee protection; claims dismissed.

Court Disposition

Refugee protection claims rejected

Orders

  • Refugee protection claims rejected
  • Claimants advised of right to appeal to the Appeal Division and to consult counsel