TB3-05585

TB3-05585

The claims are rejected because the panel found the claimants not credible on the central allegations, there is no established nexus between the alleged harms and a Convention ground, and the harms alleged (including extortion and family conflict) amount to generalized criminal or private risks rather than individualized persecution within the meaning of sections 96 and 97 of the IRPA.

Citation
TB3-05585
Parties
Claimant: XXXX XXXX (male claimant); Claimant: XXXX XXXX (female claimant); Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 January 2014
Procedural Posture
Refugee Protection Claim / Decision Following Merits Hearing
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection under sections 96 and 97 of the Immigration and Refugee Protection Act.
Legal Topics
Refugee Protection, Convention Refugee, Credibility, Persecution, Non Refoulement, Risk of Torture, Generalized Risk, Nexus to Convention Grounds, Returnees
Source Language
English
Immigration and Refugee Law Human Rights Law Refugee Protection Convention Refugee Credibility Persecution Non Refoulement Risk of Torture +3 more

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Parties

XXXX XXXX (male claimant)

Claimant

XXXX XXXX (female claimant)

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim / Decision Following Merits Hearing

Legal Issues

  1. 1 Whether claimants are credible
  2. 2 Whether there is nexus between alleged harm and a Convention ground
  3. 3 Whether the risk upon return is individualized persecution or generalized criminal risk

Ratio Decidendi

The claims are rejected because the panel found the claimants not credible on the central allegations, there is no established nexus between the alleged harms and a Convention ground, and the harms alleged (including extortion and family conflict) amount to generalized criminal or private risks rather than individualized persecution within the meaning of sections 96 and 97 of the IRPA.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection under sections 96 and 97 of the Immigration and Refugee Protection Act.