MA9-11807

MA9-11807

Although the claimant's identity and some testimony were accepted, the Tribunal found the attacks to be crimes of opportunity without evidence of persecution on a Convention ground or of state failure to protect; the claimant was not shown to be at greater risk than the general population on the balance of probabilities and therefore did not meet the tests under sections 96 or 97(1)(b); claim denied.

Citation
MA9-11807
Parties
Claimant: XXXXXXX XXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 January 2011
Procedural Posture
Refugee Protection Claim / Decision After Hearing
Outcome
Refugee protection claim denied
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, Gender Based Persecution, State Protection, Credibility
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Person in Need of Protection Particular Social Group Gender Based Persecution State Protection +1 more

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Parties

XXXXXXX XXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision After Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 (particular social group)
  2. 2 Whether claimant is a person in need of protection under section 97(1)(b) (risk to life or cruel and unusual treatment)
  3. 3 Whether attacks were motivated by a Convention ground (nexus)

Ratio Decidendi

Although the claimant's identity and some testimony were accepted, the Tribunal found the attacks to be crimes of opportunity without evidence of persecution on a Convention ground or of state failure to protect; the claimant was not shown to be at greater risk than the general population on the balance of probabilities and therefore did not meet the tests under sections 96 or 97(1)(b); claim denied.

Court Disposition

Refugee protection claim denied

Orders

  • Claim for refugee protection denied