VA8-06005

VA8-06005

The Panel found the claimants credible but ruled there is no nexus between the harm feared and a Convention ground; former policing occupation is not an immutable or fundamental characteristic forming a particular social group in this context; the risk arises from widespread criminality in Mexico and is generalized and shared by many including police; therefore the claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97 IRPA, and the claim is dismissed.

Citation
VA8-06005
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 October 2010
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act (s.96 and S.97) / Oral Hearing and Decision Rendered; Written Reasons Issued
Outcome
Claim dismissed; not a Convention refugee and not a person in need of protection under sections 96 or 97 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, Nexus, Generalized Risk, Membership in Social Group, Police Officer, Mexico Country Conditions
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Person in Need of Protection Particular Social Group Nexus Generalized Risk +3 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act (s.96 and S.97) / Oral Hearing and Decision Rendered; Written Reasons Issued

Legal Issues

  1. 1 Whether claimant establishes nexus between feared harm and a Convention ground
  2. 2 Whether former occupation as a police officer constitutes a particular social group
  3. 3 Whether the risk faced is personalized or generalized for purposes of s.97 IRPA

Ratio Decidendi

The Panel found the claimants credible but ruled there is no nexus between the harm feared and a Convention ground; former policing occupation is not an immutable or fundamental characteristic forming a particular social group in this context; the risk arises from widespread criminality in Mexico and is generalized and shared by many including police; therefore the claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97 IRPA, and the claim is dismissed.

Court Disposition

Claim dismissed; not a Convention refugee and not a person in need of protection under sections 96 or 97 of the Immigration and Refugee Protection Act.