MA9-07487

MA9-07487

The claimant's fear stems from criminality by Los Zetas and not from persecution on a Convention ground; the violence and extortion alleged are part of generalized criminality in Mexico and do not make his risk materially different from that of the general population, therefore his claim under paragraph 97(1)(b) fails and refugee protection is rejected.

Citation
MA9-07487
Parties
Claimant: XXXXX XXXXX; Claimant's Counsel: Me Alain Vallières; Panel: Me Marie-Josée Hadaya; Tribunal Officer: Cristian Jadue; Designated Representative: N/A; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 September 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Merits Following Hearing
Outcome
Claim for refugee protection rejected
Legal Topics
Generalized Risk, Extortion, Organized Crime, Non State Actors, Nexus to Convention Grounds
Source Language
English
Immigration Refugee Law Criminal Law Administrative Law Generalized Risk Extortion Organized Crime Non State Actors +1 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Me Alain Vallières

Claimant's Counsel

Me Marie-Josée Hadaya

Panel

Cristian Jadue

Tribunal Officer

N/A

Designated Representative

N/A

Minister's Counsel

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Merits Following Hearing

Legal Issues

  1. 1 Whether section 96 (Convention grounds) applies
  2. 2 Whether risk meets paragraph 97(1)(b) as individualized rather than generalized
  3. 3 Whether state protection or nexus to a Convention ground exists

Ratio Decidendi

The claimant's fear stems from criminality by Los Zetas and not from persecution on a Convention ground; the violence and extortion alleged are part of generalized criminality in Mexico and do not make his risk materially different from that of the general population, therefore his claim under paragraph 97(1)(b) fails and refugee protection is rejected.

Court Disposition

Claim for refugee protection rejected

Orders

  • Claim for refugee protection is rejected