TA5-16595

TA5-16595

The panel accepted reliable documentary evidence that Honduran authorities investigated, charged and sentenced the assailants and that measures exist to address police corruption; claimants did not establish, by clear and convincing evidence, that the state was unable or unwilling to protect them or that they exhausted available domestic remedies; consequently their refugee claims fail. The minor child is a US citizen and no evidence was presented that the child would be persecuted in the United States, so the child's claim also fails.

Citation
TA5-16595
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant: XXXX XXXX XXXX XXXX; Claimant: XXX XXXXXX XXXXXX XXXXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Designated Representative: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 May 2009
Procedural Posture
Refugee Protection (irpa Ss.96 97) / Decision (final)
Outcome
Claimants' refugee protection claims rejected
Legal Topics
Persecution, Particular Social Group, State Protection, Persecution of Family Members, Victim of Criminality, Vendetta, Child Asylum, Citizenship
Source Language
English
Immigration Refugee Law State Protection Human Rights Persecution Particular Social Group Persecution of Family Members Victim of Criminality +3 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant

XXX XXXXXX XXXXXX XXXXXX

Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

XXXXX XXXXX XXXXX

Designated Representative

Procedural Posture

Refugee Protection (irpa Ss.96 97) / Decision (final)

Legal Issues

  1. 1 Whether claimants are members of a particular social group (victims of crime/personal vendetta)
  2. 2 Whether the state of Honduras was unable or unwilling to provide protection (state protection)
  3. 3 Whether claimants exhausted reasonable internal protection and discharged burden of proof (clear and convincing)

Ratio Decidendi

The panel accepted reliable documentary evidence that Honduran authorities investigated, charged and sentenced the assailants and that measures exist to address police corruption; claimants did not establish, by clear and convincing evidence, that the state was unable or unwilling to protect them or that they exhausted available domestic remedies; consequently their refugee claims fail. The minor child is a US citizen and no evidence was presented that the child would be persecuted in the United States, so the child's claim also fails.

Court Disposition

Claimants' refugee protection claims rejected

Orders

  • Claims for refugee protection are rejected.
  • Minor claimant (US citizen) is not a Convention refugee and the claim is rejected.