TB1-17147

TB1-17147

The panel found the claimant was subject to generalized extortion/abduction by criminals or paramilitary actors without a Convention-ground nexus and that significant credibility concerns and lack of corroboration vitiated the claim; therefore he is neither a Convention refugee nor a person in need of protection...

Source-derived case information.

Citation
TB1-17147
Parties
Claimant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 July 2012
Procedural Posture
Refugee Protection Claim (ss.96 and 97 Irpa) / Decision by Refugee Protection Division
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection under s.97 IRPA.
Legal Topics
Extortion, Forced Recruitment, Generalized Risk, Nexus to Convention, Credibility Findings, State Protection
Source Language
english
Immigration Law Refugee Law Administrative Law Extortion Forced Recruitment Generalized Risk Nexus to Convention Credibility Findings +1 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Claim (ss.96 and 97 Irpa) / Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether the violence/extortion faced is personalized or generalized

Ratio Decidendi

The panel found the claimant was subject to generalized extortion/abduction by criminals or paramilitary actors without a Convention-ground nexus and that significant credibility concerns and lack of corroboration vitiated the claim; therefore he is neither a Convention refugee nor a person in need of protection under s.97 IRPA.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection under s.97 IRPA.

Orders

  • Claim rejected; no protection granted