TA8-05125

TA8-05125

The claim is rejected because the Board found on the balance of probabilities that the claimant was a victim of common criminality without nexus to a Convention ground and that a viable internal flight alternative (Cancun) existed where he could safely relocate; therefore he is not a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.

Citation
TA8-05125
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 December 2008
Procedural Posture
Refugee Protection / Decision
Outcome
Claim rejected; principal claimant is not a Convention refugee nor a person in need of protection; derivative spouse claim dismissed.
Legal Topics
Victim of Criminality, Nexus, Internal Flight Alternative, Convention Refugee, Credibility, Country Conditions
Source Language
English
Immigration Refugee Law Administrative Law Victim of Criminality Nexus Internal Flight Alternative Convention Refugee Credibility +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Spouse

Procedural Posture

Refugee Protection / Decision

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Whether claimant was victim of crime or persecuted
  3. 3 Nexus to Convention grounds

Ratio Decidendi

The claim is rejected because the Board found on the balance of probabilities that the claimant was a victim of common criminality without nexus to a Convention ground and that a viable internal flight alternative (Cancun) existed where he could safely relocate; therefore he is not a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.

Court Disposition

Claim rejected; principal claimant is not a Convention refugee nor a person in need of protection; derivative spouse claim dismissed.

Orders

  • Claim rejected; principal and derivative claim dismissed.