TB1-09610

TB1-09610

The claimant failed to establish nexus to a Convention ground because the threats flowed from criminal extortion for monetary gain rather than any Convention ground; the risk is a generalized risk faced by business owners perceived as wealthy in Colombia and therefore excluded by s.97(1)(b)(ii); consequently the claims under ss.96 and 97 fail.

Citation
TB1-09610
Parties
Claimant: XXXX XXXX XXXX XXXX; Spouse: XXXX XXXX XXXX XXXX; Minor Child: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 August 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Decision on Refugee Protection Claim
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection under ss.96 and 97 of the IRPA.
Legal Topics
Nexus to Convention Grounds, Generalized Risk (s.97), Extortion, Convention Refugee Definition, Imputed Political Opinion
Source Language
English
Immigration Refugee Law Administrative Law Nexus to Convention Grounds Generalized Risk (s.97) Extortion Convention Refugee Definition Imputed Political Opinion

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Spouse

XXXX XXXX XXXX

Minor Child

Procedural Posture

Refugee Protection Claim Under IRPA / Decision on Refugee Protection Claim

Legal Issues

  1. 1 Whether claimant has nexus to a Convention ground
  2. 2 Whether the risk is personalized or a generalized risk under s.97(1)(b)(ii)
  3. 3 Whether extortion by FARC constitutes persecution on a Convention ground

Ratio Decidendi

The claimant failed to establish nexus to a Convention ground because the threats flowed from criminal extortion for monetary gain rather than any Convention ground; the risk is a generalized risk faced by business owners perceived as wealthy in Colombia and therefore excluded by s.97(1)(b)(ii); consequently the claims under ss.96 and 97 fail.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection under ss.96 and 97 of the IRPA.

Orders

  • Refugee Protection Division rejects the refugee protection claims of the claimant, spouse and minor children.
  • No protection or refugee status granted