TB6-12729

TB6-12729

On the evidence the claimant and minor children experienced harassment and inconvenience at checkpoints and generalized violence in the West Bank but did not establish incidents or a pattern amounting to persecution or a serious possibility of torture, death or cruel and unusual treatment; claimant failed to meet the legal test for Convention refugee or person in need of protection and the claims are rejected.

Citation
TB6-12729
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX; Claimant (minors): Two minor claimants; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 April 2017
Procedural Posture
Refugee Protection Claim / Hearing and Final Decision (reasons and Decision)
Outcome
Claims rejected; claimant and minor claimants are not Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee Determination, Well‑founded Fear of Persecution, Risk of Torture, Country of Origin Information, Gender‑related Persecution, Statelessness, Credibility and Burden of Proof
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Determination Well‑founded Fear of Persecution Risk of Torture Country of Origin Information Gender‑related Persecution +2 more

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX

Claimant

Two minor claimants

Claimant (minors)

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96 IRPA
  2. 2 Whether the claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Whether incidents described constitute persecution or a well‑founded fear of persecution

Ratio Decidendi

On the evidence the claimant and minor children experienced harassment and inconvenience at checkpoints and generalized violence in the West Bank but did not establish incidents or a pattern amounting to persecution or a serious possibility of torture, death or cruel and unusual treatment; claimant failed to meet the legal test for Convention refugee or person in need of protection and the claims are rejected.

Court Disposition

Claims rejected; claimant and minor claimants are not Convention refugees nor persons in need of protection

Orders

  • Refugee claims of the claimant and the two minor claimants are rejected
  • No protection (convention refugee status or protection under s.97) granted