TB0-02342

The claimant's fear arises from generalized criminal violence in St. Lucia rather than from a Convention ground; therefore the claim is excluded by subsection 97(1)(b)(ii) and he is neither a Convention refugee nor a person in need of protection, a conclusion within the range of reasonable outcomes.

Citation: TB0-02342
Parties: Claimant: XXXX XXXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 11 April 2011
Procedural Posture: Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (merits)
Outcome: Claim dismissed; claimant is not a Convention refugee and not a person in need of protection
Legal Topics: Convention Refugee, Person in Need of Protection, Generalized Risk, Nexus to Convention Ground, Section 97(1)(b)(ii) Exclusion
Source Language: English

Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Generalized Risk Nexus to Convention Ground Section 97(1)(b)(ii) Exclusion

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Parties

XXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (merits)

Legal Issues

1 Whether the claimant is a Convention refugee under section 96 of IRPA
2 Whether the claimant is a person in need of protection under subsection 97(1) of IRPA
3 Whether the feared harm is linked to a Convention ground (nexus)

Ratio Decidendi

Court Disposition

Claim dismissed; claimant is not a Convention refugee and not a person in need of protection

Orders

Claimant's claim for refugee protection is dismissed.