MA9-06591

MA9-06591

The panel accepted the claimants' credibility but found the harm arose from generalized gang criminality without nexus to a Convention ground and evidence showed state efforts to combat kidnappings; therefore the claimants failed to prove individualized persecution or a lack of state protection and are not Convention refugees nor persons in need of protection.

Citation
MA9-06591
Parties
Principal Claimant: XXXXX XXXX XXXXXX; Claimant's Mother: XXXX XXXXXX XXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 March 2011
Procedural Posture
Refugee Protection Claim / Final Decision After Hearing
Outcome
Refugee protection claim dismissed; claimants are not Convention refugees or persons in need of protection.
Legal Topics
Refugee Protection, Convention Refugee, Person in Need of Protection, Generalized Risk, Kidnapping, Extortion, Gang Violence, State Protection
Source Language
English
Immigration Refugee Law Criminal Law Refugee Protection Convention Refugee Person in Need of Protection Generalized Risk Kidnapping +3 more

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Parties

XXXXX XXXX XXXXXX

Principal Claimant

XXXX XXXXXX XXXXXX

Claimant's Mother

Procedural Posture

Refugee Protection Claim / Final Decision After Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA
  2. 2 Whether claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Whether the harm alleged constitutes persecution linked to a Convention ground

Ratio Decidendi

The panel accepted the claimants' credibility but found the harm arose from generalized gang criminality without nexus to a Convention ground and evidence showed state efforts to combat kidnappings; therefore the claimants failed to prove individualized persecution or a lack of state protection and are not Convention refugees nor persons in need of protection.

Court Disposition

Refugee protection claim dismissed; claimants are not Convention refugees or persons in need of protection.

Orders

  • Refugee protection claim dismissed; no protection granted to claimants.