MB1-03649

MB1-03649

On the balance of probabilities the panel accepted that the principal claimant was raped but found the rape was a random criminal act rather than persecution for a Convention ground, disbelieved key aspects of the reported post‑rape threats and police reporting, concluded the risk is generalized (faced by many women in El Salvador) and that tattoos do not constitute an immutable protected characteristic; therefore the claimants failed to establish a well‑founded fear of persecution under s.96 or that they are persons in need of protection under s.97(1), and the claims are rejected.

Citation
MB1-03649
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 February 2013
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision Following Merits Hearing
Outcome
Refugee claims dismissed; claimants not found to be Convention refugees nor persons in need of protection
Legal Topics
Asylum Claim, Credibility Assessment, Persecution, Generalized Risk, Gender Based Violence, Gang Violence, State Protection, Compelling Reasons
Source Language
English
Immigration Law Refugee Law Human Rights Law Asylum Claim Credibility Assessment Persecution Generalized Risk Gender Based Violence +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision Following Merits Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA
  2. 2 Whether claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Whether the alleged rape and subsequent events amount to persecution for a Convention ground

Ratio Decidendi

On the balance of probabilities the panel accepted that the principal claimant was raped but found the rape was a random criminal act rather than persecution for a Convention ground, disbelieved key aspects of the reported post‑rape threats and police reporting, concluded the risk is generalized (faced by many women in El Salvador) and that tattoos do not constitute an immutable protected characteristic; therefore the claimants failed to establish a well‑founded fear of persecution under s.96 or that they are persons in need of protection under s.97(1), and the claims are rejected.

Court Disposition

Refugee claims dismissed; claimants not found to be Convention refugees nor persons in need of protection

Orders

  • Refugee claims dismissed