VB3-01469

VB3-01469

The panel rejected all claims because the alleged harms were not persecution 'by reason of' a Convention ground and therefore did not meet s.96; further, claimants failed to establish genuine subjective fear and there was insufficient objective evidence of a personal risk to life, cruel and unusual treatment or danger of torture on return under s.97, warranting dismissal of the claims.

Citation
VB3-01469
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associated Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 July 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division (final Decision)
Outcome
Claims dismissed; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Membership in a Particular Social Group, Credibility, Country Conditions, Risk of Torture
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Membership in a Particular Social Group Credibility Country Conditions +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associated Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division (final Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96
  2. 2 Whether claimants are persons in need of protection under s.97(1)(a) and (b)
  3. 3 Whether alleged harm is by reason of a Convention ground (nexus)

Ratio Decidendi

The panel rejected all claims because the alleged harms were not persecution 'by reason of' a Convention ground and therefore did not meet s.96; further, claimants failed to establish genuine subjective fear and there was insufficient objective evidence of a personal risk to life, cruel and unusual treatment or danger of torture on return under s.97, warranting dismissal of the claims.

Court Disposition

Claims dismissed; claimants are not Convention refugees and are not persons in need of protection

Orders

  • The refugee protection claims of XXXX XXXX XXXX XXXX (principal claimant), XXXX XXXX XXXX XXXX (associated claimant) and XXXX XXXX XXXX XXXX (minor claimant) are rejected