TB2-02615

TB2-02615

The claimants' fear stems from criminal extortion and gang violence without connection to a Convention ground (no nexus under s.96 IRPA) and the risk of extortion and related violence is generalized and widespread in Guatemala such that the claimants did not demonstrate a particularized individualized risk under s.97(1), therefore they are neither Convention refugees nor persons in need of protection.

Citation
TB2-02615
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Secondary Claimant (spouse): XXXX XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 August 2013
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claims rejected - not Convention refugees and not persons in need of protection
Legal Topics
Nexus, Generalized Risk, Extortion, Gang Violence, Protection Claim
Source Language
English
Immigration Refugee Law Nexus Generalized Risk Extortion Gang Violence Protection Claim

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX XXXX

Secondary Claimant (spouse)

XXXX XXXX XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXX XXXX

Minor Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA (nexus)
  2. 2 Whether claimants are persons in need of protection under s.97(1) IRPA (personalization vs generalized risk)

Ratio Decidendi

The claimants' fear stems from criminal extortion and gang violence without connection to a Convention ground (no nexus under s.96 IRPA) and the risk of extortion and related violence is generalized and widespread in Guatemala such that the claimants did not demonstrate a particularized individualized risk under s.97(1), therefore they are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected - not Convention refugees and not persons in need of protection

Orders

  • Refugee Protection Division rejects the claims of the principal, secondary and minor claimants; no protection granted