TA8-02713

TA8-02713

The claimants failed to establish nexus between the extortion by tax officers and a Convention ground and failed to rebut the presumption of state protection in Uzbekistan on a balance of probabilities; accordingly they are not Convention refugees and are not in need of protection under ss.96 and 97(1) IRPA.

Citation
TA8-02713
Parties
Claimant (adult Male): XXXXX XXXXX XXXXX; Claimant (female): XXXXX XXXXX XXXXX; Claimant (minor): XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 December 2009
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision on Refugee Claim (reasons and Decision Issued December 8, 2009)
Outcome
Refugee Protection Division rejects the claims pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act
Legal Topics
Extortion, State Protection, Nexus to Convention Refugee Grounds, Persecution, Risk of Torture
Source Language
English
Immigration Law Refugee Law Administrative Law Extortion State Protection Nexus to Convention Refugee Grounds Persecution Risk of Torture

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant (adult Male)

XXXXX XXXXX XXXXX

Claimant (female)

XXXXX XXXXX XXXXX

Claimant (minor)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision on Refugee Claim (reasons and Decision Issued December 8, 2009)

Legal Issues

  1. 1 Whether extortion by tax police establishes nexus to a Convention ground
  2. 2 Whether the state of Uzbekistan can provide effective protection to the claimants
  3. 3 Whether the claimants meet the definitions in ss.96 and 97(1) of the IRPA

Ratio Decidendi

The claimants failed to establish nexus between the extortion by tax officers and a Convention ground and failed to rebut the presumption of state protection in Uzbekistan on a balance of probabilities; accordingly they are not Convention refugees and are not in need of protection under ss.96 and 97(1) IRPA.

Court Disposition

Refugee Protection Division rejects the claims pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act

Orders

  • Claimants' refugee protection claims dismissed; no protection granted under ss.96 or 97(1) IRPA