TA8-03661

The claim fails because the claimant is a victim of extortion and assault constituting criminality without nexus to a Convention ground, and although he faces a real risk, that risk is one faced generally by many in Honduras (generalized extortion by gangs) and thus does not meet the s.97 individualized protection threshold; accordingly he is neither a Convention refugee nor a person in need of protection.

Citation: TA8-03661
Parties: Claimant: XXXXX XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 5 May 2010
Procedural Posture: Refugee Protection Claim Under IRPA Ss.96 97 / Hearing and Decision (first Instance)
Outcome: Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics: Refugee Protection, Convention Refugee, Person in Need of Protection, Nexus, Generalized Risk, Extortion, Gang Violence, Failure to Seek Protection in Another Country
Source Language: English

Immigration Refugee Law Administrative Law Criminal Law Refugee Protection Convention Refugee Person in Need of Protection Nexus +4 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 97 / Hearing and Decision (first Instance)

Legal Issues

1 Whether claimant is a Convention refugee under s.96 IRPA
2 Whether claimant is a person in need of protection under s.97 IRPA
3 Whether there is nexus between the harm suffered and a Convention ground

Ratio Decidendi

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.

Orders

Claim dismissed; no protection granted