TB1-18449

TB1-18449

The panel found the claimants not credible on a balance of probabilities, gave no weight to key documentary and witness evidence, and determined the threats and criminal acts alleged did not have a nexus to a Convention ground and did not constitute a personalized risk greater than that faced by a significant group in El Salvador; accordingly the claimants are neither Convention refugees nor persons in need of protection under sections 96 and 97 of IRPA.

Citation
TB1-18449
Parties
Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 April 2014
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision on Merits
Outcome
Claims rejected; claimants and minor claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Nexus to Protected Ground, State Protection, Country Conditions, Gang Violence, Extortion
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Nexus to Protected Ground State Protection +3 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision on Merits

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees under section 96 of IRPA
  2. 2 Whether claimants are persons in need of protection under section 97 of IRPA
  3. 3 Whether claimants' evidence is credible on a balance of probabilities

Ratio Decidendi

The panel found the claimants not credible on a balance of probabilities, gave no weight to key documentary and witness evidence, and determined the threats and criminal acts alleged did not have a nexus to a Convention ground and did not constitute a personalized risk greater than that faced by a significant group in El Salvador; accordingly the claimants are neither Convention refugees nor persons in need of protection under sections 96 and 97 of IRPA.

Court Disposition

Claims rejected; claimants and minor claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Refugee protection claims dismissed