MA7-06461

MA7-06461

The panel concluded the evidence established widespread, indiscriminate criminality and kidnappings in Haiti such that the claimants' diaspora status or being female did not produce a personalized risk tied to a protected ground; therefore the risk was generalized and the refugee protection claims under ss.96 and 97(1)(b) IRPA were dismissed.

Citation
MA7-06461
Parties
Principal Claimant: XXXXX XXXXX XXXXX; Minor Claimant (daughter): XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 October 2009
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 and 97(1)(b) / Decision After Hearing
Outcome
Claims dismissed
Legal Topics
Refugee Protection, Victim of Criminality, Generalized Risk, Social Group, Diaspora, Gender Related Persecution, Children, Nationality
Source Language
English
Immigration Law Refugee Law Refugee Protection Victim of Criminality Generalized Risk Social Group Diaspora Gender Related Persecution +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Minor Claimant (daughter)

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 and 97(1)(b) / Decision After Hearing

Legal Issues

  1. 1 Whether the claimants face persecution under s.96 IRPA
  2. 2 Whether membership in the diaspora constitutes a protected social group
  3. 3 Whether the claimed risk is personalized or generalized for s.97(1)(b) purposes

Ratio Decidendi

The panel concluded the evidence established widespread, indiscriminate criminality and kidnappings in Haiti such that the claimants' diaspora status or being female did not produce a personalized risk tied to a protected ground; therefore the risk was generalized and the refugee protection claims under ss.96 and 97(1)(b) IRPA were dismissed.

Court Disposition

Claims dismissed

Orders

  • Refugee protection claims dismissed.