MA7-01102

MA7-01102

Although claimant has nexus to political opinion from past MERS activity, objective country documentation and events (peace accords, integration of FMLN into politics and FMLN becoming governing party) establish substantial, real and sustainable change in El Salvador such that there is no serious possibility of persecution or torture on return; factors invoked under paragraph 97(1)(b) are insufficient, therefore claim must be rejected.

Citation
MA7-01102
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 November 2009
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claim rejected; claimant is not a Convention refugee or a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Political Opinion, Change in Country Conditions, Risk of Torture
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Person in Need of Protection Political Opinion Change in Country Conditions Risk of Torture

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the IRPA based on political opinion
  2. 2 Whether claimant is a person in need of protection under paragraph 97(1)(b) of the IRPA
  3. 3 Whether claimant faces risk of torture under paragraph 97(1)(a) of the IRPA

Ratio Decidendi

Although claimant has nexus to political opinion from past MERS activity, objective country documentation and events (peace accords, integration of FMLN into politics and FMLN becoming governing party) establish substantial, real and sustainable change in El Salvador such that there is no serious possibility of persecution or torture on return; factors invoked under paragraph 97(1)(b) are insufficient, therefore claim must be rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee or a person in need of protection.