VA7-00509

VA7-00509

Claimant was found credible but the harm he faces arises from generalized organized criminality and not from persecution on account of a Convention ground or from a sufficiently personalized risk under s.97; therefore the claim fails under ss.96 and 97 of the Act.

Citation
VA7-00509
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 January 2011
Procedural Posture
Refugee Protection Under Immigration and Refugee Protection Act / Hearing and Decision (oral Decision With Written Reasons)
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, Nexus, Generalized Risk, Organized Crime
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Particular Social Group Nexus Generalized Risk +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Under Immigration and Refugee Protection Act / Hearing and Decision (oral Decision With Written Reasons)

Legal Issues

  1. 1 Whether claimant has nexus to a Convention ground
  2. 2 Whether claimant qualifies as member of a particular social group
  3. 3 Credibility of claimant's testimony and corroboration

Ratio Decidendi

Claimant was found credible but the harm he faces arises from generalized organized criminality and not from persecution on account of a Convention ground or from a sufficiently personalized risk under s.97; therefore the claim fails under ss.96 and 97 of the Act.

Court Disposition

Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection