TB6-14740

TB6-14740

Although the claimant's testimony that he was kidnapped in 2012 was accepted as credible, he failed to establish on the balance of probabilities that the perpetrators were agents of persecution connected to a Convention ground; the evidence supported extortion as the motive and the risk identified is generalized in Bangladesh, therefore the claim fails under both s.96 and s.97(1) of the IRPA.

Citation
TB6-14740
Parties
Claimant: XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX); Respondent: Minister of Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 June 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (reasons and Decision)
Outcome
Claim rejected pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.
Legal Topics
Refugee Protection, Convention Refugee, Person in Need of Protection, Credibility, Nexus, Generalized Risk, Kidnapping, Extortion, Mental Health Accommodations, Designation of Representative (rpd Rule 20)
Source Language
English
Immigration and Refugee Law Human Rights Law Administrative Law Refugee Protection Convention Refugee Person in Need of Protection Credibility Nexus +5 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX)

Claimant

Minister of Immigration (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (reasons and Decision)

Legal Issues

  1. 1 Identity and credibility of claimant
  2. 2 Whether alleged harm is linked to a Convention ground (nexus)
  3. 3 Whether the risk is individualized or generalized under s.97(1)

Ratio Decidendi

Although the claimant's testimony that he was kidnapped in 2012 was accepted as credible, he failed to establish on the balance of probabilities that the perpetrators were agents of persecution connected to a Convention ground; the evidence supported extortion as the motive and the risk identified is generalized in Bangladesh, therefore the claim fails under both s.96 and s.97(1) of the IRPA.

Court Disposition

Claim rejected pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.

Orders

  • Claim dismissed; refusal of refugee protection under ss.96 and 97(1) IRPA (reasons signed June 1, 2018 by A. Green)