TA7-08293

TA7-08293

The claimant's fear arises from generalized criminal violence by Chimères/zenglendos and lacks nexus to a Convention ground or a personalized risk; returnees are not a protected particular social group and documentary and case law show the risk is generalized, therefore claim fails under ss.96 and 97 of IRPA.

Citation
TA7-08293
Parties
Claimant: XXXX-XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 March 2009
Procedural Posture
Refugee Protection Claim (irpa Ss.96 and 97) / Decision Following Hearing
Outcome
Claim denied
Legal Topics
Convention Refugee, Person in Need of Protection, Nexus to Convention Grounds, Generalized Risk, Country Conditions, Criminal Organizations, Torture, Credibility
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Convention Refugee Person in Need of Protection Nexus to Convention Grounds Generalized Risk +4 more

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Parties

XXXX-XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 and 97) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1)(a) and s.97(1)(b)(ii) of the IRPA
  3. 3 Whether the harm feared is individualized or a generalized risk

Ratio Decidendi

The claimant's fear arises from generalized criminal violence by Chimères/zenglendos and lacks nexus to a Convention ground or a personalized risk; returnees are not a protected particular social group and documentary and case law show the risk is generalized, therefore claim fails under ss.96 and 97 of IRPA.

Court Disposition

Claim denied