MB0-05892

MB0-05892

Claim dismissed: the claimant failed to establish that he was lawfully dismissed from the Haitian civil service or that he faces a serious possibility of persecution on a Convention ground; available state protection and remedies were not exhausted or sought, and the threats alleged are attributable to criminal reprisals rather than persecution for a Convention ground, so the refugee protection claim is rejected.

Citation
MB0-05892
Parties
Claimant: XXXXXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 March 2012
Procedural Posture
Refugee Protection Claim (rpd) / Decision Following Hearing
Outcome
Refugee protection claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, State Protection, Credibility, Corruption
Source Language
English
Refugee Law Immigration Administrative Law Human Rights Convention Refugee Person in Need of Protection Particular Social Group State Protection +2 more

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Parties

XXXXXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (rpd) / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether the claimant was dismissed from the Haitian civil service

Ratio Decidendi

Claim dismissed: the claimant failed to establish that he was lawfully dismissed from the Haitian civil service or that he faces a serious possibility of persecution on a Convention ground; available state protection and remedies were not exhausted or sought, and the threats alleged are attributable to criminal reprisals rather than persecution for a Convention ground, so the refugee protection claim is rejected.

Court Disposition

Refugee protection claim rejected; claimant is not a Convention refugee nor a person in need of protection.

Orders

  • Refugee protection claim rejected.