VA9-05795

VA9-05795

Claim rejected because claimant failed to establish nexus between criminal threats and a Convention ground, failed to establish that Mexico would deny him state protection as a gay man or systematically deny HIV treatment for persecutorial reasons, and his inability to afford medication falls within the s.97(1)(b)(iv) exclusion rather than persecution; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
VA9-05795
Parties
Claimant: XXXX XXXX XXXX XXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 January 2011
Procedural Posture
Refugee Protection Claim / Decision by Refugee Protection Division
Outcome
Claim rejected; claimant found not to be a Convention refugee nor a person in need of protection.
Legal Topics
State Protection, Nexus to Convention Grounds, Persecution, Sexual Orientation, Hiv/aids and Medical Treatment, Delay in Making Claim, Medical Exclusion Under S.97(1)(b)(iv)
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law State Protection Nexus to Convention Grounds Persecution Sexual Orientation +3 more

Case Brief

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Parties

XXXX XXXX XXXX XXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimant has nexus to a Convention ground for fear of criminality
  2. 2 Whether state protection is available in Mexico for risks alleged
  3. 3 Whether claimant faces a personalized risk of denial of medical care because of HIV that amounts to persecution

Ratio Decidendi

Claim rejected because claimant failed to establish nexus between criminal threats and a Convention ground, failed to establish that Mexico would deny him state protection as a gay man or systematically deny HIV treatment for persecutorial reasons, and his inability to afford medication falls within the s.97(1)(b)(iv) exclusion rather than persecution; therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee nor a person in need of protection.