MB0-00094

MB0-00094

The claim is rejected because the claimant's testimony was found not credible and she failed to prove, on the balance of probabilities, an individualized, Convention-grounded risk of persecution or a risk of torture; the risks asserted are generalized and fall within the exception in s.97(1)(b)(ii) IRPA.

Citation
MB0-00094
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXXXX; Claimant's Counsel: Joseph-Alphonse André; Tribunal Member: Sylvie Roy; Tribunal Officer: Sylvie Lagacé; Designated Representative: N/A; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 September 2011
Procedural Posture
Refugee Protection Claim (irpa) / Hearing and Decision at Refugee Protection Division
Outcome
Refugee protection claim rejected; claimant not recognized as a Convention refugee under s.96 IRPA and not a person in need of protection under s.97(1) IRPA.
Legal Topics
Particular Social Group, Gender Persecution, Credibility, Generalized Risk, State Protection, Rape, Extortion, Kidnapping
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence Particular Social Group Gender Persecution Credibility Generalized Risk +4 more

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Parties

XXXXXXXXXXXXXXXXXXXXXXX

Claimant

Joseph-Alphonse André

Claimant's Counsel

Sylvie Roy

Tribunal Member

Sylvie Lagacé

Tribunal Officer

N/A

Designated Representative

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim (irpa) / Hearing and Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a member of a particular social group (Haitian women at risk of rape)
  2. 2 Whether claimant has a well-founded fear of persecution on a Convention ground
  3. 3 Credibility of claimant's testimony and omissions in PIF and CIC claim form

Ratio Decidendi

The claim is rejected because the claimant's testimony was found not credible and she failed to prove, on the balance of probabilities, an individualized, Convention-grounded risk of persecution or a risk of torture; the risks asserted are generalized and fall within the exception in s.97(1)(b)(ii) IRPA.

Court Disposition

Refugee protection claim rejected; claimant not recognized as a Convention refugee under s.96 IRPA and not a person in need of protection under s.97(1) IRPA.