TB1-12578

TB1-12578

The panel accepted that the male claimant was kidnapped and extorted but found on the balance of probabilities that the risk of extortion and related violence in El Salvador is generalized and not linked to a Convention ground; accordingly the claimants are neither Convention refugees nor persons in need of protection under s.96 or s.97(1) of the IRPA, and their claims fail.

Citation
TB1-12578
Parties
Female Claimant (spouse): XXXX XXXX XXX XXXX XXXX XXXXXXXX XXXX; Male Claimant (designated Representative for Minor): XXXX XXXX XXXX XXXX; Co Female Claimant (daughter): XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX); Minor Claimant (son): XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 August 2012
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act Sections 96 and 97) / Final Decision (hearing Concluded; Decision Rendered)
Outcome
All refugee claims dismissed; claimants are neither Convention refugees nor persons in need of protection under IRPA s.96 or s.97(1).
Legal Topics
Generalized Risk, Extortion, Abduction, Nexus to Convention Grounds, Credibility Assessment, Persons in Need of Protection (s.97)
Source Language
English
Refugee Law Immigration Law Administrative Law Generalized Risk Extortion Abduction Nexus to Convention Grounds Credibility Assessment +1 more

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Parties

XXXX XXXX XXX XXXX XXXX XXXXXXXX XXXX

Female Claimant (spouse)

XXXX XXXX XXXX XXXX

Male Claimant (designated Representative for Minor)

XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX)

Co Female Claimant (daughter)

XXXX XXXX XXXX XXXX

Minor Claimant (son)

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act Sections 96 and 97) / Final Decision (hearing Concluded; Decision Rendered)

Legal Issues

  1. 1 Whether the claimants establish nexus to a Convention ground under s.96
  2. 2 Whether the risk they face is personalized or generalized under s.97(1)(b)
  3. 3 Credibility of the claimant's testimony and failure to report to police

Ratio Decidendi

The panel accepted that the male claimant was kidnapped and extorted but found on the balance of probabilities that the risk of extortion and related violence in El Salvador is generalized and not linked to a Convention ground; accordingly the claimants are neither Convention refugees nor persons in need of protection under s.96 or s.97(1) of the IRPA, and their claims fail.

Court Disposition

All refugee claims dismissed; claimants are neither Convention refugees nor persons in need of protection under IRPA s.96 or s.97(1).

Orders

  • Claimants' refugee claims are rejected
  • No protection granted under s.96 or s.97(1) of the Immigration and Refugee Protection Act