MA8-03002

MA8-03002

The claimant's evidence was not credible and established at most a generalized risk and poor social conditions affecting many Haitians rather than persecution tied to a Convention ground; there was no established nexus between alleged harms and a protected ground and the threshold for a serious possibility of persecution or risk to life/torture was not met; accordingly the claimant is neither a Convention refugee nor a person in need of protection and subparagraph 97(1)(b)(ii) IRPA applies.

Citation
MA8-03002
Parties
Claimant Principal: XXXXX XXXXX XXXXX; Claimant Child: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 August 2010
Procedural Posture
Refugee Protection — Convention Refugee and Person in Need of Protection / Hearing — Decision Rendered (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, Particular Social Group, Gender Based Persecution, Nexus to Convention Ground, Credibility Assessment, Generalized Risk
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Convention Refugee Particular Social Group Gender Based Persecution Nexus to Convention Ground +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant Principal

XXXXX XXXXX XXXXX

Claimant Child

Procedural Posture

Refugee Protection — Convention Refugee and Person in Need of Protection / Hearing — Decision Rendered (first Instance)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under IRPA
  3. 3 Whether alleged harm has nexus to a Convention ground (particular social group/gender)

Ratio Decidendi

The claimant's evidence was not credible and established at most a generalized risk and poor social conditions affecting many Haitians rather than persecution tied to a Convention ground; there was no established nexus between alleged harms and a protected ground and the threshold for a serious possibility of persecution or risk to life/torture was not met; accordingly the claimant is neither a Convention refugee nor a person in need of protection and subparagraph 97(1)(b)(ii) IRPA applies.

Court Disposition

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

Orders

  • Claim for refugee protection by XXXXX XXXXX XXXXX rejected
  • Claims filed by the children XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX withdrawn and not examined