VA7-00359

VA7-00359

The tribunal found the claimants are not Convention refugees because the alleged persecution stems from an individual commercial dispute and not from membership in a particular social group or political opinion (no nexus); and the claimants failed to prove, on the balance of probabilities under s.97 IRPA, that they would face a real risk of death or cruel and unusual treatment if returned, given lack of state motive and absence of criminal charges or convincing evidence of likely prosecution or ill-treatment.

Citation
VA7-00359
Parties
Principal Claimant: XXXXX XXXXXXXXX; Associated Claimant (spouse): XXXX XXXXXXX XXXXXX; Associated Claimant (child): XXXX XXXXXXXX XXXXXXXX; Respondent/minister: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 October 2008
Procedural Posture
Refugee Protection (immigration and Refugee Protection Act) / Hearing and Final Decision (reasons and Decision)
Outcome
Claims dismissed; claimants are not Convention refugees and are not persons in need of protection under s.97 IRPA.
Legal Topics
Convention Refugee Status, Particular Social Group, Nexus to Convention Grounds, Section 97 Protection (person in Need of Protection), Country Conditions, Corruption, Derivative Family Claim, Extradition/requests
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Status Particular Social Group Nexus to Convention Grounds Section 97 Protection (person in Need of Protection) +4 more

Case Brief

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Parties

XXXXX XXXXXXXXX

Principal Claimant

XXXX XXXXXXX XXXXXX

Associated Claimant (spouse)

XXXX XXXXXXXX XXXXXXXX

Associated Claimant (child)

Minister

Respondent/minister

Procedural Posture

Refugee Protection (immigration and Refugee Protection Act) / Hearing and Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 (well-founded fear of persecution)
  2. 2 Whether claimants are persons in need of protection under s.97 (risk to life or risk of cruel and unusual treatment)
  3. 3 Whether membership in the claimed group (industry participants/XXXX) constitutes a particular social group

Ratio Decidendi

The tribunal found the claimants are not Convention refugees because the alleged persecution stems from an individual commercial dispute and not from membership in a particular social group or political opinion (no nexus); and the claimants failed to prove, on the balance of probabilities under s.97 IRPA, that they would face a real risk of death or cruel and unusual treatment if returned, given lack of state motive and absence of criminal charges or convincing evidence of likely prosecution or ill-treatment.

Court Disposition

Claims dismissed; claimants are not Convention refugees and are not persons in need of protection under s.97 IRPA.

Orders

  • Claims rejected; no protection granted.