VA2-00548

VA2-00548

Claimant's evidence was insufficient and not credible to establish membership of a particular social group whose members face sustained or systemic serious mistreatment in Venezuela; alleged discrimination was not shown to be of the serious, cumulative or state-supported character required for persecution, the claimant's delay and lack of corroboration undermined subjective fear, and documentary evidence did not show systemic risk; therefore claimant is neither a Convention refugee nor in need of protection under s.97 IRPA.

Citation
VA2-00548
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXXX; Adjudicator: I.W. Clague; Respondent Agent: Refugee Protection Officer; Respondent: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 June 2003
Procedural Posture
Refugee Protection Claim / Decision After Hearing
Outcome
Claim dismissed; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Particular Social Group, Gender Related Persecution, Discrimination, Persecution, Convention Refugee, Protection Under S.97 IRPA
Source Language
English
Immigration Refugee Law Administrative Law Particular Social Group Gender Related Persecution Discrimination Persecution Convention Refugee +1 more

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Parties

XXXXXXXXXXXXXXXXXXXXXX

Claimant

I.W. Clague

Adjudicator

Refugee Protection Officer

Respondent Agent

Minister's Counsel

Respondent

Procedural Posture

Refugee Protection Claim / Decision After Hearing

Legal Issues

  1. 1 Whether claimant is a member of a particular social group (overweight or obese women)
  2. 2 Whether the treatment alleged amounts to persecution for a Convention reason
  3. 3 Whether the state is unwilling or unable to protect the claimant

Ratio Decidendi

Claimant's evidence was insufficient and not credible to establish membership of a particular social group whose members face sustained or systemic serious mistreatment in Venezuela; alleged discrimination was not shown to be of the serious, cumulative or state-supported character required for persecution, the claimant's delay and lack of corroboration undermined subjective fear, and documentary evidence did not show systemic risk; therefore claimant is neither a Convention refugee nor in need of protection under s.97 IRPA.

Court Disposition

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

Orders

  • Claim for refugee protection rejected; claimant is not a Convention refugee and is not a person in need of protection.