TA8-21340

The claimant failed to establish nexus to a Convention ground and the risk of violence from gangs was found to be generalized and therefore falls within the s.97(1)(b)(ii) exception; accordingly the claimant is neither a Convention refugee nor a person in need of protection under sections 96 and 97(1) IRPA.

Citation: TA8-21340
Parties: Claimant: XXX XXX XXXXX XXXXXX XXXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 13 December 2010
Procedural Posture: Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (claim Rejected)
Outcome: Claim rejected; claimant is not a Convention refugee nor a person in need of protection
Legal Topics: Forced Recruitment, Generalized Risk, Nexus, Section 97(1)(b)(ii) Exception, Risk of Torture/cruel Treatment, Persecution
Source Language: English

Immigration Law Refugee Law Human Rights Criminal Law Forced Recruitment Generalized Risk Nexus Section 97(1)(b)(ii) Exception +2 more

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Parties

XXX XXX XXXXX XXXXXX XXXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (claim Rejected)

Legal Issues

1 Whether claimant's fear is linked to a Convention ground (nexus)
2 Whether risk faced is generalized or particularized under s.97(1)(b)(ii) IRPA
3 Assessment of forced recruitment and gang violence as persecution

Ratio Decidendi

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection

Orders

Refugee claim rejected
No protection granted under sections 96 and 97(1) of the Immigration and Refugee Protection Act