TA9-04446

TA9-04446

Although claimant was found credible, the harms he suffered in South Africa were adjudged to be random criminal acts lacking nexus to a Convention ground and the documentary and testimonial evidence established that South Africa can and would provide adequate state protection; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TA9-04446
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 May 2011
Procedural Posture
Immigration Refugee Protection Claim Under IRPA / Decision (refugee Protection Division)
Outcome
Claim denied; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
State Protection, Nexus to Convention Grounds, Credibility, Risk of Torture (s.97), Persecution, Generalized Risk, Multiple Nationality
Source Language
English
Immigration Refugee Law Administrative Law Human Rights State Protection Nexus to Convention Grounds Credibility Risk of Torture (s.97) +3 more

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Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Immigration Refugee Protection Claim Under IRPA / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant established nexus between harm suffered and a Convention ground (xenophobia/particular social group)
  2. 2 Whether the state of South Africa can provide adequate protection (s.97 analysis)
  3. 3 Whether the claimant faces a danger of torture in South Africa

Ratio Decidendi

Although claimant was found credible, the harms he suffered in South Africa were adjudged to be random criminal acts lacking nexus to a Convention ground and the documentary and testimonial evidence established that South Africa can and would provide adequate state protection; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim denied; claimant is not a Convention refugee and not a person in need of protection.

Orders

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