CA4-00446

CA4-00446

Although HIV positive status qualifies as membership in a particular social group, the evidence did not establish on a balance of probabilities that the claimant or his family would face persecution, systematic denial of medical treatment, torture, a real risk to life, or cruel and unusual treatment upon return to Zimbabwe; therefore they are neither Convention refugees nor persons in need of protection.

Citation
CA4-00446
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Spouse/claimant: XXXXX XXXXX XXXXX XXXXX; Child/claimant: XXXXX XXXXX; Refugee Protection Officer: O. Oyelese; Designated Representative: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 May 2005
Procedural Posture
Refugee Protection Hearing / Hearing/decision
Outcome
Claim rejected; claimants are not Convention refugees and are not persons in need of protection.
Legal Topics
Refugee Status Determination, Particular Social Group, Hiv/aids, Non Refoulement, Medical Treatment, Protection From Torture, Humanitarian and Compassionate Considerations
Source Language
English
Immigration and Refugee Law Human Rights Law Refugee Status Determination Particular Social Group Hiv/aids Non Refoulement Medical Treatment Protection From Torture +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Spouse/claimant

XXXXX XXXXX

Child/claimant

O. Oyelese

Refugee Protection Officer

XXXXX XXXXX XXXXX XXXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Protection Hearing / Hearing/decision

Legal Issues

  1. 1 Whether HIV positive status constitutes membership in a particular social group for refugee protection
  2. 2 Whether claimant faces persecution by reason of membership in that group
  3. 3 Whether medical treatment is available in Zimbabwe and whether it will be withheld

Ratio Decidendi

Although HIV positive status qualifies as membership in a particular social group, the evidence did not establish on a balance of probabilities that the claimant or his family would face persecution, systematic denial of medical treatment, torture, a real risk to life, or cruel and unusual treatment upon return to Zimbabwe; therefore they are neither Convention refugees nor persons in need of protection.

Court Disposition

Claim rejected; claimants are not Convention refugees and are not persons in need of protection.