TA4-15859

TA4-15859

The claim is rejected because the claimant failed to establish membership in a recognized particular social group and failed to show nexus between the feared medical harm and a Convention ground; the inability to afford or access medical treatment in Jamaica does not, without evidence of persecutory or discriminatory refusal of care, constitute persecution or a s.97 risk, and the panel follows Covarrubias in upholding s.97(1)(b)(iv).

Citation
TA4-15859
Parties
Claimant: XXXXXXXXXXXXXXXX; Respondent (minister): Minister of Public Safety and Emergency Preparedness; Refugee Protection Officer: D. Young; Presiding Member: A. C. Knevel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 October 2006
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision of the Refugee Protection Division (hearing July 20, 2006; Decision October 20, 2006)
Outcome
Claim dismissed; refugee protection and protection under section 97 denied.
Legal Topics
Particular Social Group, Refugee Protection, Nexus to Convention Grounds, Risk to Life, Torture and Cruel or Unusual Treatment, Access to Medical Care, Section 97(1)(b)(iv) Exclusion, Charter Challenge
Source Language
English
Immigration Law Refugee Law Administrative Law Constitutional Law Particular Social Group Refugee Protection Nexus to Convention Grounds Risk to Life +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXXXXXXXXXXXXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Respondent (minister)

D. Young

Refugee Protection Officer

A. C. Knevel

Presiding Member

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision of the Refugee Protection Division (hearing July 20, 2006; Decision October 20, 2006)

Legal Issues

  1. 1 Whether claimant is member of a recognized particular social group (poor, elderly women in need of medical attention)
  2. 2 Whether claimant has nexus between feared harm and a Convention ground
  3. 3 Whether inability to obtain or afford medical treatment in country of origin constitutes persecution or a s.97 risk

Ratio Decidendi

The claim is rejected because the claimant failed to establish membership in a recognized particular social group and failed to show nexus between the feared medical harm and a Convention ground; the inability to afford or access medical treatment in Jamaica does not, without evidence of persecutory or discriminatory refusal of care, constitute persecution or a s.97 risk, and the panel follows Covarrubias in upholding s.97(1)(b)(iv).

Court Disposition

Claim dismissed; refugee protection and protection under section 97 denied.

Orders

  • Claim rejected
  • No protection granted under sections 96 or 97 of the IRPA