MA6-03777

The principal claimant was found credible and her specific, severe personal targeting established a risk warranting protection, whereas the harm to the brother was generalized and not a personal, individualized risk under s.97(1); additionally lack of state involvement negated a serious possibility of torture.

Citation: MA6-03777
Parties: Claimant: XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 25 July 2007
Procedural Posture: Refugee Protection Claim / Final Decision on the Merits
Outcome: Principal claimant XXXXX XXXXX: claim accepted. Brother XXXXX XXXXX XXXXX XXXXX: claim rejected.
Legal Topics: Abduction, Detention, Rape, Harassment, Reavailment, Indiscriminate Harm, Timing/delay, Credibility, Benefit of the Doubt
Source Language: English

Immigration Refugee Law Gender Related Persecution Torture Criminal Law State Protection Abduction Detention +7 more

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

Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Final Decision on the Merits

Legal Issues

1 Whether the principal claimant's harm amounted to persecution or was ordinary criminality
2 Whether there is a serious possibility of torture or state involvement
3 Whether the brother faces a personal risk as required by s.97(1)

Ratio Decidendi

Court Disposition

Principal claimant XXXXX XXXXX: claim accepted. Brother XXXXX XXXXX XXXXX XXXXX: claim rejected.