TB2-15076

TB2-15076

There is no nexus to a Convention ground and no credible risk of cruel or unusual treatment because Philippine insolvency law (RA 10142) provides non‑custodial remedies for overwhelming debt; owing money and potential civil litigation do not establish refugee status or need for protection; accordingly the claims are rejected under s.107(2) IRPA.

Citation
TB2-15076
Parties
Principal Claimant: XXXX XXXX XXXX; Co Claimant Spouse: XXXXXXXX XXXX (a.k.a XXXX XXXX XXXX); Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 September 2014
Procedural Posture
Refugee Protection Claim (rpd) / Decision and Reasons
Outcome
Claims rejected pursuant to section 107(2) of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Person in Need of Protection, Section 96 IRPA Nexus, Section 97 Cruel and Unusual Punishment, Insolvency/bankruptcy, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Bankruptcy/insolvency Law Convention Refugee Person in Need of Protection Section 96 IRPA Nexus Section 97 Cruel and Unusual Punishment Insolvency/bankruptcy +1 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXXXXXX XXXX (a.k.a XXXX XXXX XXXX)

Co Claimant Spouse

Minister

Respondent

Procedural Posture

Refugee Protection Claim (rpd) / Decision and Reasons

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 IRPA
  2. 2 Whether the claimants are persons in need of protection under section 97 IRPA (risk of cruel and unusual punishment)
  3. 3 Whether Philippine bankruptcy/insolvency law eliminates the claimed risk of imprisonment

Ratio Decidendi

There is no nexus to a Convention ground and no credible risk of cruel or unusual treatment because Philippine insolvency law (RA 10142) provides non‑custodial remedies for overwhelming debt; owing money and potential civil litigation do not establish refugee status or need for protection; accordingly the claims are rejected under s.107(2) IRPA.

Court Disposition

Claims rejected pursuant to section 107(2) of the Immigration and Refugee Protection Act

Orders

  • The claims for refugee protection by XXXX XXXX XXXX and XXXXXXXX XXXX are rejected.