CA4-00176

CA4-00176

The panel found documentary evidence of human rights conditions in Venezuela did not establish a pattern or level of systematic persecution of rank‑and‑file opposition activists and that relocation to Caracas or Valencia would be reasonable and available, so there was no more than a mere possibility of persecution and no substantial grounds to believe the claimants would face risk to life or torture; therefore the claimants are not Convention refugees nor persons in need of protection.

Citation
CA4-00176
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant's Spouse: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 August 2005
Procedural Posture
Refugee Protection Hearing (refugee Protection Division) / Decision Dated August 18, 2005
Outcome
Claims rejected; claimants are not Convention refugees and not persons in need of protection.
Legal Topics
Political Opinion, Particular Social Group, Internal Flight Alternative, Protection Against Torture, State Protection
Source Language
English
Refugee Law Immigration Law Human Rights Law Political Opinion Particular Social Group Internal Flight Alternative Protection Against Torture State Protection

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant's Spouse

Procedural Posture

Refugee Protection Hearing (refugee Protection Division) / Decision Dated August 18, 2005

Legal Issues

  1. 1 Whether the claimants are Convention refugees for political opinion or membership of a particular social group
  2. 2 Whether an internal flight alternative (Caracas or Valencia) is reasonably available
  3. 3 Whether claimants face a personal risk to life or risk of torture or cruel and unusual treatment

Ratio Decidendi

The panel found documentary evidence of human rights conditions in Venezuela did not establish a pattern or level of systematic persecution of rank‑and‑file opposition activists and that relocation to Caracas or Valencia would be reasonable and available, so there was no more than a mere possibility of persecution and no substantial grounds to believe the claimants would face risk to life or torture; therefore the claimants are not Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are not Convention refugees and not persons in need of protection.

Orders

  • Claims rejected; the claimants are not Convention refugees and are not persons in need of protection.