VB7-04501

VB7-04501

The Board found the claimants not credible regarding alleged post-2014 targeting, concluded extortion lacked nexus to a Convention ground, and determined on the balance of probabilities that claimants did not face a personal risk to life or cruel and unusual treatment and that discriminatory treatment did not amount to persecution; therefore claims dismissed under sections 96 and 97.

Citation
VB7-04501
Parties
Principal Claimant/the Husband: XXXX XXXX XXXX XXXX; Associated Claimant/the Wife: XXXX XXXX XXXX XXXX XXXX; Associated Claimant/the Daughter: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 December 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing
Outcome
Claims rejected; claimants are not Convention refugees and not persons in need of protection
Legal Topics
Refugee Protection, Persecution, Nexus to Convention Grounds, Credibility Findings, Internal Flight Alternative, Extortion (vacuna), Racial Discrimination, Risk Assessment Under S.97
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Persecution Nexus to Convention Grounds Credibility Findings Internal Flight Alternative +3 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant/the Husband

XXXX XXXX XXXX XXXX XXXX

Associated Claimant/the Wife

XXXX XXXX XXXX XXXX

Associated Claimant/the Daughter

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the Act
  2. 2 Whether claimants are persons in need of protection under subsection 97(1) of the Act
  3. 3 Whether there is nexus between the harm feared and a Convention ground (race)

Ratio Decidendi

The Board found the claimants not credible regarding alleged post-2014 targeting, concluded extortion lacked nexus to a Convention ground, and determined on the balance of probabilities that claimants did not face a personal risk to life or cruel and unusual treatment and that discriminatory treatment did not amount to persecution; therefore claims dismissed under sections 96 and 97.

Court Disposition

Claims rejected; claimants are not Convention refugees and not persons in need of protection