TB5-11853

TB5-11853

The claimants failed to prove that the harm they fear is persecution linked to a Convention ground and, on the balance of probabilities, any risk from Los Urabenos is generalized and not a personal risk to life, torture or cruel and unusual treatment; therefore they are neither Convention refugees under s.96 nor persons in need of protection under s.97(1) IRPA.

Citation
TB5-11853
Parties
Applicant Principal Claimant: XXXX XXXX XXXX XXXX; Applicant Minor Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 January 2016
Procedural Posture
Refugee Protection Claim (irpa Ss.96 & 97(1)) / Decision (refugee Protection Division)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection under s.96 and s.97(1) of IRPA.
Legal Topics
Convention Refugee Determination, Section 97(1) Need for Protection, Nexus to Convention Grounds, Extortion and Generalized Violence
Source Language
English
Immigration Refugee Protection Criminal Law Convention Refugee Determination Section 97(1) Need for Protection Nexus to Convention Grounds Extortion and Generalized Violence

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Applicant Principal Claimant

XXXX XXXX XXXX

Applicant Minor Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 & 97(1)) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA
  2. 2 Whether claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Whether the harm feared is linked to a Convention ground (nexus)

Ratio Decidendi

The claimants failed to prove that the harm they fear is persecution linked to a Convention ground and, on the balance of probabilities, any risk from Los Urabenos is generalized and not a personal risk to life, torture or cruel and unusual treatment; therefore they are neither Convention refugees under s.96 nor persons in need of protection under s.97(1) IRPA.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection under s.96 and s.97(1) of IRPA.

Orders

  • Claims dismissed by Refugee Protection Division (Panel A. Jung) dated January 28, 2016