TA6-11409

TA6-11409

The claimant's allegations are limited, dated and individualized incidents occurred prior to 2002; country conditions changed (Aristide absent, Lavalas diminished and participating in parliament), the security issues are generalized and affect the entire population, and therefore there are no objective grounds to conclude a real chance of persecution or a greater-than-not risk under section 97 IRPA; claim is rejected.

Citation
TA6-11409
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 July 2008
Procedural Posture
Refugee Protection / Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Section 97 IRPA, Well Founded Fear, Change in Country Conditions, Political Opinion, Objective Risk
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Convention Refugee Section 97 IRPA Well Founded Fear Change in Country Conditions +2 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant faces risk under section 97 of IRPA
  3. 3 Whether generalized insecurity in Haiti grounds protection

Ratio Decidendi

The claimant's allegations are limited, dated and individualized incidents occurred prior to 2002; country conditions changed (Aristide absent, Lavalas diminished and participating in parliament), the security issues are generalized and affect the entire population, and therefore there are no objective grounds to conclude a real chance of persecution or a greater-than-not risk under section 97 IRPA; claim is rejected.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Claim rejected — not a Convention refugee
  • Claimant not a person in need of protection under section 97 IRPA