VB3-01942

VB3-01942

The principal claimant was found credible, established on a balance of probabilities that he faces a real risk of death or cruel and unusual treatment from a blood-feud vendetta, and on the facts successfully rebutted the presumption of adequate state protection; therefore he is a person in need of protection under s.97(1). The joined claimant failed to provide credible, consistent evidence of a similar risk, failed to take reasonable steps to seek protection and did not rebut the presumption of state protection nor establish nexus to a Convention ground; his claim is rejected under ss.96 and 97(1).

Citation
VB3-01942
Parties
Principal Claimant: XXXX XXXX; Joined Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 October 2014
Procedural Posture
Refugee Protection (s.96 and S.97 Claims) / Decision (post Hearing)
Outcome
Principal claimant accepted as a person in need of protection under section 97(1) of the Immigration and Refugee Protection Act; Joined claimant's claim rejected (not a Convention refugee under s.96 nor a person in need of protection under s.97(1)).
Legal Topics
Blood Feud, State Protection, Convention Refugee, Person in Need of Protection, Credibility, Nexus to Convention Grounds, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Blood Feud State Protection Convention Refugee Person in Need of Protection Credibility +2 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Joined Claimant

Procedural Posture

Refugee Protection (s.96 and S.97 Claims) / Decision (post Hearing)

Legal Issues

  1. 1 Whether the principal claimant faces a personal risk amounting to persecution or cruel and unusual treatment (s.97(1))
  2. 2 Whether the principal claimant rebutted the presumption of adequate state protection
  3. 3 Whether the claimants established a nexus between the risk and a Convention ground for a s.96 Convention refugee claim

Ratio Decidendi

The principal claimant was found credible, established on a balance of probabilities that he faces a real risk of death or cruel and unusual treatment from a blood-feud vendetta, and on the facts successfully rebutted the presumption of adequate state protection; therefore he is a person in need of protection under s.97(1). The joined claimant failed to provide credible, consistent evidence of a similar risk, failed to take reasonable steps to seek protection and did not rebut the presumption of state protection nor establish nexus to a Convention ground; his claim is rejected under ss.96 and 97(1).

Court Disposition

Principal claimant accepted as a person in need of protection under section 97(1) of the Immigration and Refugee Protection Act; Joined claimant's claim rejected (not a Convention refugee under s.96 nor a person in need of protection under s.97(1)).

Orders

  • Accept principal claimant XXXX XXXX as a person in need of protection pursuant to s.97(1) of the Act.
  • Reject joined claimant XXXX XXXX's claim under s.96 and s.97(1) of the Act.