VA8-02316

VA8-02316

Claimants rejected because credibility findings, contradictions and documentary evidence failed to establish that incidents were connected to a Convention ground or that they face a personalized risk distinct from generalized criminal violence in El Salvador; therefore claims under section 96 and subsection 97(1) are dismissed.

Citation
VA8-02316
Parties
Claimant: XXXXX XXXXXXXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 March 2010
Procedural Posture
Refugee Protection RPD Hearing / Decision Rendered Orally March 1, 2010; Written Reasons March 23, 2010
Outcome
Claims dismissed; refugee protection and protection under subsection 97(1) denied.
Legal Topics
Convention Refugee, Person in Need of Protection (s.97(1)), Credibility Findings, Nexus to Convention Grounds, Generalized Violence and Public Order
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection (s.97(1)) Credibility Findings Nexus to Convention Grounds Generalized Violence and Public Order

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Parties

XXXXX XXXXXXXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection RPD Hearing / Decision Rendered Orally March 1, 2010; Written Reasons March 23, 2010

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether claimants face a personalized risk under subsection 97(1) IRPA
  3. 3 Credibility and consistency of testimony and documentary evidence

Ratio Decidendi

Claimants rejected because credibility findings, contradictions and documentary evidence failed to establish that incidents were connected to a Convention ground or that they face a personalized risk distinct from generalized criminal violence in El Salvador; therefore claims under section 96 and subsection 97(1) are dismissed.

Court Disposition

Claims dismissed; refugee protection and protection under subsection 97(1) denied.

Orders

  • Claims dismissed
  • No protection under section 96 or subsection 97(1) granted; written reasons issued March 23, 2010