VA8-03630

VA8-03630

The panel rejected the claimant's evidence as not credible, found no personalized risk tied to a Convention ground given the passage of decades and changed circumstances in Jamaica, and held that generalized violence without personalization does not warrant refugee protection or a finding of need for protection.

Citation
VA8-03630
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 May 2009
Procedural Posture
Refugee Protection Claim / Decision (merits)
Outcome
Claim for refugee protection rejected; claimant is not a Convention refugee and is not a person in need of protection.
Legal Topics
Persecution, Credibility, Generalized Violence, Change of Circumstances, Compelling Reasons, Protection From Torture, Removal
Source Language
English
Immigration Refugee Law Human Rights Persecution Credibility Generalized Violence Change of Circumstances Compelling Reasons +2 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision (merits)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Credibility of the claimant's testimony

Ratio Decidendi

The panel rejected the claimant's evidence as not credible, found no personalized risk tied to a Convention ground given the passage of decades and changed circumstances in Jamaica, and held that generalized violence without personalization does not warrant refugee protection or a finding of need for protection.

Court Disposition

Claim for refugee protection rejected; claimant is not a Convention refugee and is not a person in need of protection.

Orders

  • Refuse refugee protection claim; claimant is not a Convention refugee and removal to Jamaica does not, on the balance of probabilities, subject him personally to death, cruel or unusual treatment or torture.