MB2-02456

MB2-02456

Claimants failed to establish nexus to a Convention ground and failed to prove on a balance of probabilities that they faced a real risk of torture, death or cruel and unusual treatment; they also failed to rebut the presumption of state protection; therefore claims dismissed.

Citation
MB2-02456
Parties
Claimant: XXXX XXXX XXXX XXXX; Claimant: XXXXXXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 June 2013
Procedural Posture
Refugee Protection Claim / Hearing and Reasons for Decision (merits)
Outcome
Claims for refugee protection rejected; not Convention refugees and not persons in need of protection under IRPA.
Legal Topics
Convention Refugee, Subsection 97(1) Risk of Torture, State Protection, Credibility Assessment, Persecution, Risk to Life
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Subsection 97(1) Risk of Torture State Protection Credibility Assessment Persecution +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXXXXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Reasons for Decision (merits)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 IRPA
  2. 2 Whether claimants meet the threshold of subsection 97(1) IRPA for risk of torture or death on a balance of probabilities
  3. 3 Whether the presumption of state protection was rebutted with clear and convincing evidence

Ratio Decidendi

Claimants failed to establish nexus to a Convention ground and failed to prove on a balance of probabilities that they faced a real risk of torture, death or cruel and unusual treatment; they also failed to rebut the presumption of state protection; therefore claims dismissed.

Court Disposition

Claims for refugee protection rejected; not Convention refugees and not persons in need of protection under IRPA.