TB1-11783

TB1-11783

On the balance of probabilities the claimant's risk arises from generalized extortion and criminality rather than persecution for a Convention ground, and state protection is reasonably available; therefore the claimant is not a Convention refugee nor a person in need of protection.

Citation
TB1-11783
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 May 2013
Procedural Posture
Refugee Protection Claim / Final Decision
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Risk Assessment, Nexus, State Protection, Generalized Violence, Extortion
Source Language
English
Immigration Refugee Law Public International Law Convention Refugee Risk Assessment Nexus State Protection Generalized Violence +1 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Final Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant's fear is linked to a Convention ground (nexus)
  3. 3 Whether the risk is individualized or a generalized crime risk

Ratio Decidendi

On the balance of probabilities the claimant's risk arises from generalized extortion and criminality rather than persecution for a Convention ground, and state protection is reasonably available; therefore the claimant is not a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the refugee protection claim.