MB3-01191

MB3-01191

The claimant is credible but failed to prove nexus to a Convention ground and failed to establish, on a balance of probabilities, a prospective risk of persecution or individualized risk required by s.96 or s.97(1) IRPA: threats tapered off, only one incident involving men in police uniform, family remained safe while taking precautions, and claimant's characteristics (education and family protection) do not place her in a vulnerable group facing a serious possibility of gender-based persecution; therefore the claim is rejected.

Citation
MB3-01191
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 July 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Reasons and Decision (final Determination)
Outcome
Refugee protection claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection (s.97(1)), Credibility, Nexus to Convention Grounds, Generalized Risk, Property Dispute, Gender Based Persecution, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection (s.97(1)) Credibility Nexus to Convention Grounds Generalized Risk +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Reasons and Decision (final Determination)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether the claimant is a person in need of protection under subsection 97(1) IRPA
  3. 3 Whether there is nexus between the claimed harm and a Convention ground (ethnicity or membership of the social group 'women')

Ratio Decidendi

The claimant is credible but failed to prove nexus to a Convention ground and failed to establish, on a balance of probabilities, a prospective risk of persecution or individualized risk required by s.96 or s.97(1) IRPA: threats tapered off, only one incident involving men in police uniform, family remained safe while taking precautions, and claimant's characteristics (education and family protection) do not place her in a vulnerable group facing a serious possibility of gender-based persecution; therefore the claim is rejected.

Court Disposition

Refugee protection claim rejected

Orders

  • Refugee protection claim denied; no Convention refugee or person in need of protection status granted