MB1-02816

MB1-02816

The claimants failed to establish a nexus between the harm (extortion and threats by gangs) and a Convention ground, and their risk was part of a generalized pattern of gang violence against a large subgroup (business owners) in Honduras; therefore paragraph 97(1)(b) does not afford protection and the claims must be rejected.

Citation
MB1-02816
Parties
Claimant: XXXX XXXX XXXX XXXX XXXXXXXX; Claimant: XXXX XXXX XXXX XXXXXXXX; Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 October 2012
Procedural Posture
Refugee Protection (irpa S.96 and S.97(1)(b)) / Decision of Refugee Protection Division Following Hearing
Outcome
Claims rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
Extortion, Gangs/maras, Generalized Risk, Convention Refugee Nexus, State Protection Availability
Source Language
English
Immigration and Refugee Law Administrative Law Criminality and Public Order Extortion Gangs/maras Generalized Risk Convention Refugee Nexus State Protection Availability

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Parties

XXXX XXXX XXXX XXXX XXXXXXXX

Claimant

XXXX XXXX XXXX XXXXXXXX

Claimant

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (irpa S.96 and S.97(1)(b)) / Decision of Refugee Protection Division Following Hearing

Legal Issues

  1. 1 Whether the claimants were persecuted on a Convention ground
  2. 2 Whether the risk faced by claimants is individualized or generalized
  3. 3 Whether there is a nexus between the harm and a Convention ground

Ratio Decidendi

The claimants failed to establish a nexus between the harm (extortion and threats by gangs) and a Convention ground, and their risk was part of a generalized pattern of gang violence against a large subgroup (business owners) in Honduras; therefore paragraph 97(1)(b) does not afford protection and the claims must be rejected.

Court Disposition

Claims rejected; claimants are not Convention refugees or persons in need of protection

Orders

  • Claims rejected