MA9-01175

MA9-01175

The claimant's fear of kidnapping arises from generalized criminality affecting Haitians rather than persecution linked to a Convention ground and no evidence established a personalized risk; documentary sources show kidnappers act opportunistically and the diaspora is not a discrete targeted group, so the claimant...

Source-derived case information.

Citation
MA9-01175
Parties
Claimant: XXXXXXXXXXXXXXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 February 2011
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Refugee protection claim rejected
Legal Topics
Generalized Violence, Personalized Risk, Nexus to Convention Grounds, Section 96 IRPA, Subsection 97(1) IRPA, Kidnapping, Burden of Proof
Source Language
english
Immigration Refugee Law Administrative Law Generalized Violence Personalized Risk Nexus to Convention Grounds Section 96 IRPA Subsection 97(1) IRPA +2 more

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Parties

XXXXXXXXXXXXXXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether claimant is a person in need of protection under subsection 97(1) of the IRPA
  3. 3 Whether the risk claimed is personalized or merely generalized criminality

Ratio Decidendi

The claimant's fear of kidnapping arises from generalized criminality affecting Haitians rather than persecution linked to a Convention ground and no evidence established a personalized risk; documentary sources show kidnappers act opportunistically and the diaspora is not a discrete targeted group, so the claimant failed to meet the required evidentiary thresholds under sections 96 and 97(1) of the IRPA.

Court Disposition

Refugee protection claim rejected