TA9-03016

The Board found on the balance of probabilities that the claimant and her mother were victims of general criminality without linkage to a Convention ground and that the risk they face is generalized and not a personalized risk under s.97(1); therefore they are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA.

Citation: TA9-03016
Parties: Claimant: XXXXXX XXXXX XXXXX (a.k.a. XXXX XXXX XXXX); Claimant: XXXX-XXX XXXX XXXXX XXXX (a.k.a. XXXX XXX XXXX XXXX)
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 4 February 2011
Procedural Posture: Refugee Protection (irpa) / Decision
Outcome: Claim dismissed; claimants are neither Convention refugees nor persons in need of protection under sections 96 and 97(1) of the IRPA.
Legal Topics: Victim of Criminality, Nexus to Convention Grounds, Generalized Risk Under S.97, Gender Related Persecution, State Protection
Source Language: English

Immigration and Refugee Protection Refugee Law Human Rights Victim of Criminality Nexus to Convention Grounds Generalized Risk Under S.97 Gender Related Persecution State Protection

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Full judgment text Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 5

Parties

XXXXXX XXXXX XXXXX (a.k.a. XXXX XXXX XXXX)

Claimant

XXXX-XXX XXXX XXXXX XXXX (a.k.a. XXXX XXX XXXX XXXX)

Claimant

Procedural Posture

Refugee Protection (irpa) / Decision

Legal Issues

1 Credibility of witnesses
2 Whether harm links to a Convention ground (nexus)
3 Whether risk is personalized or generalized under s.97(1)

Ratio Decidendi

Court Disposition

Claim dismissed; claimants are neither Convention refugees nor persons in need of protection under sections 96 and 97(1) of the IRPA.