TB7-24206

TB7-24206

The claims are rejected because the asserted risk arises from criminal extortion by the ELN rather than a Convention ground (no nexus under s.96), and because the claimants' evidence is not credible or sufficiently corroborated in light of adverse findings in the Parents' Claim and material omissions and implausibilities; accordingly there is no serious possibility of persecution nor a personal risk to life, torture or cruel and unusual treatment on return (s.97).

Citation
TB7-24206
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associated Claimant (spouse): XXXX XXXX XXXX XXXX; Minor Claimant (son): XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 May 2019
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision After Hearing on the Merits
Outcome
Refugee claims rejected.
Legal Topics
Refugee Protection, Convention Refugee, Person in Need of Protection, Credibility Assessment, Nexus, Extortion/criminality
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Convention Refugee Person in Need of Protection Credibility Assessment Nexus +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associated Claimant (spouse)

XXXX XXXX XXXX XXXX

Minor Claimant (son)

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision After Hearing on the Merits

Legal Issues

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

Ratio Decidendi

The claims are rejected because the asserted risk arises from criminal extortion by the ELN rather than a Convention ground (no nexus under s.96), and because the claimants' evidence is not credible or sufficiently corroborated in light of adverse findings in the Parents' Claim and material omissions and implausibilities; accordingly there is no serious possibility of persecution nor a personal risk to life, torture or cruel and unusual treatment on return (s.97).

Court Disposition

Refugee claims rejected.

Orders

  • Refugee protection claims dismissed; no protection granted under sections 96 or 97 of IRPA.
  • Decision issued May 28, 2019 by Member D. Marcovitch.