VA9-05520

VA9-05520

Although claimants were credible, their feared harms were criminal acts without demonstrated nexus to a Convention ground and the evidence failed to show on the balance of probabilities that they would face torture, death or cruel and unusual treatment on return; moreover a reasonable internal flight alternative (Guadalajara) exists, so protection and refugee status are not warranted.

Citation
VA9-05520
Parties
Principal Claimant: XXXXXXXXXXXXXXXX; Associated Claimant: XXXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXXX; Minor Claimant: XXXXXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 September 2011
Procedural Posture
Refugee Protection Claim (convention Refugee and Protection Claims Under Irpa) / RPD Hearing and Decision (final Determination)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee Determination, Person in Need of Protection, Internal Flight Alternative, Persecution by Non State Actors, Nexus to Convention Grounds, Torture and Risk to Life
Source Language
English
Immigration Law Refugee Law Criminal Law Intersection Convention Refugee Determination Person in Need of Protection Internal Flight Alternative Persecution by Non State Actors Nexus to Convention Grounds +1 more

Case Brief

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Parties

XXXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXXX

Associated Claimant

XXXXXXXXXXXXXX

Minor Claimant

XXXXXXXXXXXXXXX

Minor Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee and Protection Claims Under Irpa) / RPD Hearing and Decision (final Determination)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA
  2. 2 Whether claimants are persons in need of protection under s.97 IRPA (risk of torture, risk to life, cruel and unusual treatment)
  3. 3 Whether an internal flight alternative (Guadalajara) is available and reasonable

Ratio Decidendi

Although claimants were credible, their feared harms were criminal acts without demonstrated nexus to a Convention ground and the evidence failed to show on the balance of probabilities that they would face torture, death or cruel and unusual treatment on return; moreover a reasonable internal flight alternative (Guadalajara) exists, so protection and refugee status are not warranted.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee claims dismissed; no protection granted