VA9-02066

VA9-02066

Claimant is not excluded under Article 1F(b) because his US convictions were not sufficiently serious, but he is not a Convention refugee nor a person in need of protection because he failed to establish a serious possibility of persecution by FARC given the remoteness and minimal nature of past contacts, substantial change and reduction in FARC capacity, lack of individualized targeting, and because risk of extortion based on perceived wealth is generalized and not protected.

Citation
VA9-02066
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Citizenship and Immigration)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 July 2010
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision Following Hearing
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics
Exclusion (article 1 F(b)), Convention Refugee Determination, Person in Need of Protection (s.97), Forced Recruitment, Political Opinion, FARC and Country Conditions, Generalized Vs Personalized Risk, Perceived Wealth/extortion
Source Language
English
Immigration and Refugee Law International Refugee Law Criminal Law Exclusion (article 1 F(b)) Convention Refugee Determination Person in Need of Protection (s.97) Forced Recruitment Political Opinion +3 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister (Citizenship and Immigration)

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is excluded under Article 1F(b) for committing a serious non-political crime
  2. 2 Whether claimant has a well-founded fear of persecution by FARC amounting to Convention refugee status under s.96
  3. 3 Whether claimant is a person in need of protection under s.97(1) because of risk to life or risk of cruel and unusual treatment

Ratio Decidendi

Claimant is not excluded under Article 1F(b) because his US convictions were not sufficiently serious, but he is not a Convention refugee nor a person in need of protection because he failed to establish a serious possibility of persecution by FARC given the remoteness and minimal nature of past contacts, substantial change and reduction in FARC capacity, lack of individualized targeting, and because risk of extortion based on perceived wealth is generalized and not protected.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection