MA6-04844

MA6-04844

The claimants failed to establish persecution or a risk meeting sections 96 or 97 of the IRPA because the adverse events were either general (1998 riots) or isolated (single 2006 incident), documentary country evidence did not show ongoing targeted persecution of Chinese Christians in Indonesia, and the unexplained delay in claiming protection undermined the case; therefore the refugee protection claims were dismissed.

Citation
MA6-04844
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Spouse: XXXXX XXXXX; Minor Child: XXXXX XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 September 2008
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act) / RPD Hearing and Decision (merits)
Outcome
Refugee protection claims dismissed
Legal Topics
Refugee Protection, Religion Based Persecution, Race Based Persecution, Delay in Making a Claim, Country Conditions Indonesia, Person in Need of Protection
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Religion Based Persecution Race Based Persecution Delay in Making a Claim Country Conditions Indonesia +1 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Spouse

XXXXX XXXXX XXXXX XXXXX XXXXX

Minor Child

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act) / RPD Hearing and Decision (merits)

Legal Issues

  1. 1 Whether claimants meet definition of Convention refugee under section 96 of IRPA
  2. 2 Whether claimants meet definition of person in need of protection under section 97 of IRPA
  3. 3 Whether alleged incidents constitute persecution (isolated incident vs systemic persecution)

Ratio Decidendi

The claimants failed to establish persecution or a risk meeting sections 96 or 97 of the IRPA because the adverse events were either general (1998 riots) or isolated (single 2006 incident), documentary country evidence did not show ongoing targeted persecution of Chinese Christians in Indonesia, and the unexplained delay in claiming protection undermined the case; therefore the refugee protection claims were dismissed.

Court Disposition

Refugee protection claims dismissed

Orders

  • Refugee protection claims dismissed