MB0-07210

MB0-07210

The claimant's fear arising from gang extortion is a generalized risk shared by large subgroups of the Guatemalan population and lacks nexus to a Convention ground; accordingly the claimant failed to establish Convention refugee status under s.96 or a personalized risk under paragraph 97(1)(b), and the claim is...

Source-derived case information.

Citation
MB0-07210
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration; Decision Maker / Panel: Roxane Cyr
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 January 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing
Outcome
Refugee protection claim rejected; claimant is not a Convention refugee nor a person in need of protection.
Legal Topics
Extortion, Gang Violence, Generalized Risk, Convention Refugee, Paragraph 97(1)(b), Nexus to Convention Grounds
Source Language
english
Immigration Law Refugee Law Human Rights Law Criminal Law Extortion Gang Violence Generalized Risk Convention Refugee +2 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Roxane Cyr

Decision Maker / Panel

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant established nexus between extortion by gangs and a Convention ground
  2. 2 Whether the claimant faces a personalized risk or only a generalized risk under paragraph 97(1)(b)
  3. 3 Whether extortion by criminal gangs constitutes persecution for refugee protection purposes

Ratio Decidendi

The claimant's fear arising from gang extortion is a generalized risk shared by large subgroups of the Guatemalan population and lacks nexus to a Convention ground; accordingly the claimant failed to establish Convention refugee status under s.96 or a personalized risk under paragraph 97(1)(b), and the claim is rejected.

Court Disposition

Refugee protection claim rejected; claimant is not a Convention refugee nor a person in need of protection.

Orders

  • Refugee protection claim rejected (RPD decision dated January 30, 2013).