TA8-21151

TA8-21151

The claim fails because the feared harm was attributable to gang crime and a personal vendetta without nexus to a Convention ground, and the claimant did not rebut the presumption of adequate state protection given police action in arrests and the preponderance of objective country evidence showing Nicaragua takes measures against gangs; therefore she is neither a Convention refugee nor a person in need of protection.

Citation
TA8-21151
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 January 2010
Procedural Posture
Refugee Protection (irpa Ss.96,97) / Decision
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
State Protection, Nexus to Convention Grounds, Gang Violence, Personal Vendetta, Credibility, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Nexus to Convention Grounds Gang Violence Personal Vendetta Credibility +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (irpa Ss.96,97) / Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97 of the IRPA
  3. 3 Whether the harm feared is linked to a Convention ground (nexus)

Ratio Decidendi

The claim fails because the feared harm was attributable to gang crime and a personal vendetta without nexus to a Convention ground, and the claimant did not rebut the presumption of adequate state protection given police action in arrests and the preponderance of objective country evidence showing Nicaragua takes measures against gangs; therefore she is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Claim rejected