TB6-11912

TB6-11912

The claimants failed to establish nexus to a Convention ground and, on the evidence, the harm feared is a generalized risk associated with criminal gang activity in Colombia rather than a personalized risk under s.97(1); therefore they are not persons in need of protection.

Citation
TB6-11912
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 November 2016
Procedural Posture
Refugee Protection (irpa Ss.96 and 97(1)) / Decision (reasons and Decision)
Outcome
Claim rejected; claimants are not persons in need of protection.
Legal Topics
Convention Refugee, Section 97 Generalized Risk, Child Refugee Claimants, Criminal Gang Recruitment
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Section 97 Generalized Risk Child Refugee Claimants Criminal Gang Recruitment

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Designated Representative

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection (irpa Ss.96 and 97(1)) / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether there is nexus to a Convention ground for refugee protection
  2. 2 Whether the risk is personalized or a generalized risk under section 97(1) IRPA
  3. 3 Credibility of claimant and witnesses

Ratio Decidendi

The claimants failed to establish nexus to a Convention ground and, on the evidence, the harm feared is a generalized risk associated with criminal gang activity in Colombia rather than a personalized risk under s.97(1); therefore they are not persons in need of protection.

Court Disposition

Claim rejected; claimants are not persons in need of protection.

Orders

  • Claim rejected.