MB7-15824

MB7-15824

The claimant failed to establish on a balance of probabilities a personal risk of persecution distinct from the general Haitian population: his alleged persecutors no longer have an interest in him (leader deceased), his fear is generalized insecurity shared by many, his Venezuelan status was temporary and not equivalent to nationality (no Article 1E exclusion), and overall there is no credible basis for the claim under sections 96 and 97(1) IRPA.

Citation
MB7-15824
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 December 2020
Procedural Posture
Refugee Protection Claim / Decision and Reasons
Outcome
Claim rejected; claimant is not a Convention refugee nor a person in need of protection; claim has no credible basis under subsection 107(2) IRPA.
Legal Topics
Convention Refugee Status, Person in Need of Protection, Credibility, Article 1 E Exclusion, Generalized Criminality, Diaspora Returnees Risk
Source Language
English
Immigration Law Refugee Law Convention Refugee Status Person in Need of Protection Credibility Article 1 E Exclusion Generalized Criminality Diaspora Returnees Risk

Case Brief

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision and Reasons

Legal Issues

  1. 1 Whether claimant is excluded under Article 1E/section 98 IRPA due to status in Venezuela
  2. 2 Whether claimant established a personal risk of persecution under section 96 IRPA
  3. 3 Whether claimant established a risk to life/torture/cruel and unusual treatment under subsection 97(1) IRPA

Ratio Decidendi

The claimant failed to establish on a balance of probabilities a personal risk of persecution distinct from the general Haitian population: his alleged persecutors no longer have an interest in him (leader deceased), his fear is generalized insecurity shared by many, his Venezuelan status was temporary and not equivalent to nationality (no Article 1E exclusion), and overall there is no credible basis for the claim under sections 96 and 97(1) IRPA.

Court Disposition

Claim rejected; claimant is not a Convention refugee nor a person in need of protection; claim has no credible basis under subsection 107(2) IRPA.

Orders

  • Refugee protection claim rejected.
  • Claim has no credible basis pursuant to subsection 107(2) of the IRPA.