VA8-03666

VA8-03666

The claimants' fear arises from generalized gang violence and poverty affecting many in Guatemala rather than from persecution linked to a Convention ground or a personalized risk; the principal claimant's past domestic abuse does not amount to a present risk of persecution because the alleged persecutor appears unable or unwilling to locate or harm her and significant time has elapsed; therefore the claimants are not Convention refugees and are not persons in need of protection under subsection 97(1).

Citation
VA8-03666
Parties
Claimant: XXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 June 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision of Refugee Protection Division
Outcome
Claim dismissed; claimants are not Convention refugees and are not persons in need of protection under subsection 97(1) of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, Domestic Violence, Gang Violence, Country Conditions, Credibility, Risk Assessment, State Protection, Torture
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Particular Social Group Domestic Violence +6 more

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Parties

XXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision of Refugee Protection Division

Legal Issues

  1. 1 Whether claimants have a well-founded fear of persecution related to a Convention ground
  2. 2 Whether the principal claimant is a member of a particular social group (family members of gang resisters / victims of domestic violence)
  3. 3 Whether the risk alleged is personalized or generalized criminality

Ratio Decidendi

The claimants' fear arises from generalized gang violence and poverty affecting many in Guatemala rather than from persecution linked to a Convention ground or a personalized risk; the principal claimant's past domestic abuse does not amount to a present risk of persecution because the alleged persecutor appears unable or unwilling to locate or harm her and significant time has elapsed; therefore the claimants are not Convention refugees and are not persons in need of protection under subsection 97(1).

Court Disposition

Claim dismissed; claimants are not Convention refugees and are not persons in need of protection under subsection 97(1) of the Immigration and Refugee Protection Act

Orders

  • Refugee protection claims denied
  • No protection order granted