VB7-04497

VB7-04497

Although the claimants were found credible, the Board concluded there was insufficient evidence of a Convention‑ground nexus or an enduring, personalized risk: prolonged absence from El Salvador, lack of harm to family members who remained, and the generalized nature of gang violence showed no serious possibility of persecution under s.96 nor a s.97 risk, so the claims were rejected.

Citation
VB7-04497
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associated Claimant: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 October 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 and 97) / Oral Hearing and Decision (reasons Delivered)
Outcome
Claimants' refugee protection claims dismissed
Legal Topics
Refugee Protection, Credibility Assessment, Gang Violence, Particular Social Group, Gender Based Persecution, Risk Assessment
Source Language
English
Immigration Refugee Law Human Rights Refugee Protection Credibility Assessment Gang Violence Particular Social Group Gender Based Persecution +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associated Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (ss.96 and 97) / Oral Hearing and Decision (reasons Delivered)

Legal Issues

  1. 1 Whether claimants face a serious possibility of persecution for a Convention reason (s.96 IRPA)
  2. 2 Whether claimants face a personalized risk of torture, risk to life or cruel and unusual treatment (s.97 IRPA)
  3. 3 Whether gang violence and past threats amount to persecution linked to a Convention ground

Ratio Decidendi

Although the claimants were found credible, the Board concluded there was insufficient evidence of a Convention‑ground nexus or an enduring, personalized risk: prolonged absence from El Salvador, lack of harm to family members who remained, and the generalized nature of gang violence showed no serious possibility of persecution under s.96 nor a s.97 risk, so the claims were rejected.

Court Disposition

Claimants' refugee protection claims dismissed

Orders

  • Claimants' claims for refugee protection under ss.96 and 97 of the IRPA are dismissed.