MA7-03958

MA7-03958

The panel found material contradictions in the claimant's narrative and testimony and concluded, on the evidence and country reports, that kidnappings and gang violence in Haiti are generalized risks not particularized by social status or gender; therefore the claimants failed to establish persecution under s.96 or a personal, particularized risk under s.97, and the claims were rejected.

Citation
MA7-03958
Parties
Claimant: XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX; Designated Representative: XXXXX XXXXX; Panel: Me Donal Archambault; Respondent: Minister's Counsel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 January 2008
Procedural Posture
Refugee Protection / Person in Need of Protection / Oral Hearing and Decision (oral Reasons)
Outcome
All claims for refugee protection and for determination as persons in need of protection are rejected.
Legal Topics
Refugee Protection, Person in Need of Protection, Political Opinion, Membership in a Particular Social Group, Violence Against Women, Kidnapping/ransom, Credibility Assessment, Generalized Vs Particularized Risk
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Refugee Protection Person in Need of Protection Political Opinion Membership in a Particular Social Group +4 more

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX

Designated Representative

Me Donal Archambault

Panel

Minister's Counsel

Respondent

Procedural Posture

Refugee Protection / Person in Need of Protection / Oral Hearing and Decision (oral Reasons)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 IRPA
  2. 2 Whether claimants are persons in need of protection under section 97 IRPA
  3. 3 Whether risk of kidnapping/ransom constitutes persecution or a particularized risk

Ratio Decidendi

The panel found material contradictions in the claimant's narrative and testimony and concluded, on the evidence and country reports, that kidnappings and gang violence in Haiti are generalized risks not particularized by social status or gender; therefore the claimants failed to establish persecution under s.96 or a personal, particularized risk under s.97, and the claims were rejected.

Court Disposition

All claims for refugee protection and for determination as persons in need of protection are rejected.

Orders

  • The claim for refugee protection filed by XXXXX XXXXX is rejected for lack of evidence concerning one listed individual.
  • The refugee protection claims and protection claims of all named claimants are rejected by the panel.