MB1-00270

MB1-00270

The claim is rejected because the claimant failed to discharge the burden of proof: her testimony and documentary evidence contain material inconsistencies undermining credibility; the asserted harms are generalized criminality without nexus to a Convention ground; no personalized risk of persecution or denial of state protection was established under ss.96-97 IRPA.

Citation
MB1-00270
Parties
Claimant: XXXX XXXX; Claimant's Counsel: Me Joseph W. Allen
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 August 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Determination)
Outcome
Claim for refugee protection rejected
Legal Topics
Refugee Determination, Person in Need of Protection, Particular Social Group, Gender Based Persecution, Credibility, State Protection, Criminality/extortion
Source Language
English
Immigration Refugee Law Humanitarian and Compassionate Considerations Refugee Determination Person in Need of Protection Particular Social Group Gender Based Persecution Credibility +2 more

Case Brief

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Parties

XXXX XXXX

Claimant

Me Joseph W. Allen

Claimant's Counsel

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refugee Determination)

Legal Issues

  1. 1 Whether claimant is a refugee within s.96 IRPA
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether alleged harm has nexus to a Convention ground

Ratio Decidendi

The claim is rejected because the claimant failed to discharge the burden of proof: her testimony and documentary evidence contain material inconsistencies undermining credibility; the asserted harms are generalized criminality without nexus to a Convention ground; no personalized risk of persecution or denial of state protection was established under ss.96-97 IRPA.

Court Disposition

Claim for refugee protection rejected

Orders

  • Refugee protection claim of XXXX XXXX is rejected; no protection granted