VA8-03860

VA8-03860

The claim is rejected because the claimant's harm from gangs is generalized criminal violence without nexus to a Convention ground and therefore outside refugee protection, and the claimant failed to establish an objective, ongoing risk from the military; accordingly he is neither a Convention refugee nor a person in need of protection.

Citation
VA8-03860
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 June 2010
Procedural Posture
Refugee Protection Claim Under IRPA S.96/97 / Decision After Hearing
Outcome
Claim rejected; Not a Convention refugee; Not a person in need of protection; Removal to El Salvador permitted
Legal Topics
Convention Refugee Definition, Nexus, Particular Social Group, Generalized Risk, S.97(1)(b)(ii) Personal Risk, Forced Recruitment/conscription, Country Condition Evidence, Burden of Proof, Credibility and Corroboration
Source Language
English
Refugee Law Immigration Law Human Rights Criminal Law Administrative Law Convention Refugee Definition Nexus Particular Social Group +6 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA S.96/97 / Decision After Hearing

Legal Issues

  1. 1 Whether gang violence establishes nexus to a Convention ground
  2. 2 Whether the risk from gangs is a generalized risk excluded by s.97(1)(b)(ii)
  3. 3 Whether the claimant has an objective, ongoing risk from the military

Ratio Decidendi

The claim is rejected because the claimant's harm from gangs is generalized criminal violence without nexus to a Convention ground and therefore outside refugee protection, and the claimant failed to establish an objective, ongoing risk from the military; accordingly he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; Not a Convention refugee; Not a person in need of protection; Removal to El Salvador permitted