TB1-03464

TB1-03464

The claim fails because the claimant did not establish nexus to a Convention ground; he was the target of generalized criminal recruitment by the FARC rather than persecution for a protected ground, and the risk is widespread among Colombian youth and therefore generalized under section 97(1)(b)(ii).

Citation
TB1-03464
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXXXX; Designated Representative: XXXXXXXXXXXXXXXX; Counsel for Minister: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 October 2011
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim rejected: 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, Particular Social Group, Child Forced Recruitment, FARC
Source Language
English
Immigration and Refugee Law Refugee Protection Convention Refugee Person in Need of Protection Nexus Generalized Risk Particular Social Group Child Forced Recruitment +1 more

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Parties

XXXXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXX

Designated Representative

N/A

Counsel for Minister

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether claimant has nexus to a Convention ground
  2. 2 Whether claimant is a member of a particular social group
  3. 3 Whether risk is personalized or generalized under section 97(1)(b)(ii)

Ratio Decidendi

The claim fails because the claimant did not establish nexus to a Convention ground; he was the target of generalized criminal recruitment by the FARC rather than persecution for a protected ground, and the risk is widespread among Colombian youth and therefore generalized under section 97(1)(b)(ii).

Court Disposition

Claim rejected: not a Convention refugee and not a person in need of protection

Orders

  • Refugee Protection Division rejects the claimant's refugee protection claim