TA9-15200

TA9-15200

The claimant did not establish nexus to a Convention ground and failed to demonstrate a personalized risk under s.97(1)(b)(ii); the harm feared arose from generalized gang-related criminality affecting a broad class of persons (including perceived well-to-do residents) and therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
TA9-15200
Parties
Claimant: XXXXX XXXXX XXXXX; Minor Claimant: XXXX-XXX XXXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 August 2010
Procedural Posture
Refugee Protection Claim (rpd) / Decision
Outcome
Claims rejected
Legal Topics
Particular Social Group, Gender, Violence Against Women, Gangs, Generalized Risk, Nexus, Convention Refugee Determination, Risk Assessment, Jamaica
Source Language
English
Immigration and Refugee Law Human Rights Particular Social Group Gender Violence Against Women Gangs Generalized Risk Nexus +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXXX XXXXX XXXXX

Claimant

XXXX-XXX XXXXX XXXX

Minor Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (rpd) / Decision

Legal Issues

  1. 1 Whether the claimant established nexus to a Convention ground
  2. 2 Whether the claimant faces a personalized risk under s.97(1)(b)(ii) IRPA or only a generalized risk from criminal gangs
  3. 3 Credibility issues including prior travel to and return from Jamaica

Ratio Decidendi

The claimant did not establish nexus to a Convention ground and failed to demonstrate a personalized risk under s.97(1)(b)(ii); the harm feared arose from generalized gang-related criminality affecting a broad class of persons (including perceived well-to-do residents) and therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected

Orders

  • The Refugee Protection Division rejects the claims; the claimants are neither Convention refugees nor persons in need of protection