TB0-06555

TB0-06555

The claimant was targeted as a victim of criminal extortion without nexus to a Convention ground and the risk he faces is part of a generalized pattern of gang criminality in Jamaica; therefore he is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1).

Citation
TB0-06555
Parties
Claimant: XXXXXXXXXXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 March 2012
Procedural Posture
Refugee Protection (irpa) / Decision (rpd Hearing)
Outcome
Claim rejected: not a Convention refugee; not a person in need of protection under s.97(1).
Legal Topics
Convention Refugee, Person in Need of Protection, Nexus, Generalized Risk, Extortion, Gang Violence
Source Language
English
Immigration Law Refugee Law Administrative Law Public International Law Convention Refugee Person in Need of Protection Nexus Generalized Risk +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

XXXXXXXXXXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (irpa) / Decision (rpd Hearing)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 (nexus)
  2. 2 Whether claimant is a person in need of protection under s.97 (personalized risk)
  3. 3 Whether the risk alleged is a generalized risk within s.97(1)(b)(ii)

Ratio Decidendi

The claimant was targeted as a victim of criminal extortion without nexus to a Convention ground and the risk he faces is part of a generalized pattern of gang criminality in Jamaica; therefore he is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1).

Court Disposition

Claim rejected: not a Convention refugee; not a person in need of protection under s.97(1).