VB1-00759

VB1-00759

The claimants' fear arises from generalized gang-related extortion and criminality, not persecution for a Convention ground; the risk is widespread rather than particularized under s.97(1)(b)(ii), and the claimants failed to rebut the presumption that state protection in El Salvador would be available and effective; therefore they are neither Convention refugees nor persons in need of protection.

Citation
VB1-00759
Parties
Principal Claimant: XXXXXXXXXXXXXXXXXXXXXX; Associate Claimant (spouse): XXXXXXXXXXXXXXXXXXXXXXXXX; Claimant (daughter): XXXXXXXXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 May 2012
Procedural Posture
Refugee Protection Claim (rpd) / Decision (reasons and Decision) Issued May 17, 2012
Outcome
Refugee protection claims dismissed; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Membership in a Particular Social Group, Persecution, Generalized Risk (s.97), State Protection, Internal Flight Alternative, Extortion, Maras/gangs, Witness Protection
Source Language
English
Immigration and Refugee Law Refugee Protection Division Criminal Law (extortion, Gang Activity) Administrative Law Membership in a Particular Social Group Persecution Generalized Risk (s.97) State Protection +4 more

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Parties

XXXXXXXXXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXXXXXXXXXXXXX

Associate Claimant (spouse)

XXXXXXXXXXXXXXXXXXXXXXX

Claimant (daughter)

Procedural Posture

Refugee Protection Claim (rpd) / Decision (reasons and Decision) Issued May 17, 2012

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 (membership in a particular social group)
  2. 2 Whether claimants are persons in need of protection under section 97 (particularized vs generalized risk)
  3. 3 Adequacy and availability of state protection in El Salvador

Ratio Decidendi

The claimants' fear arises from generalized gang-related extortion and criminality, not persecution for a Convention ground; the risk is widespread rather than particularized under s.97(1)(b)(ii), and the claimants failed to rebut the presumption that state protection in El Salvador would be available and effective; therefore they are neither Convention refugees nor persons in need of protection.

Court Disposition

Refugee protection claims dismissed; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Refugee protection claims of XXXXXXXXXXXXXXXXXXXXXX, XXXXXXXXXXXXXXXXXXXXXXXXX and XXXXXXXXXXXXXXXXXXXXXXX are rejected