TA2-04125

TA2-04125

Claimants failed to establish nexus to a Convention ground and failed to prove state protection was unavailable; generalized criminal violence does not constitute persecution and identified incidents received police response, therefore the claimants are not Convention refugees nor persons in need of protection.

Citation
TA2-04125
Parties
Claimant: XXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXX; Claimant: XXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 December 2002
Procedural Posture
Refugee Protection Claim / Final Decision After Oral Hearing
Outcome
Claims dismissed; claimants are not Convention refugees nor persons in need of protection.
Legal Topics
State Protection, Nexus to Convention Grounds, Generalized Risk, Delay and Re Availment, Credibility, Risk to Life, Cruel and Unusual Treatment, Convention Against Torture
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Nexus to Convention Grounds Generalized Risk Delay and Re Availment Credibility +3 more

Case Brief

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Parties

XXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXX

Claimant

XXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Final Decision After Oral Hearing

Legal Issues

  1. 1 identity
  2. 2 nexus
  3. 3 delay

Ratio Decidendi

Claimants failed to establish nexus to a Convention ground and failed to prove state protection was unavailable; generalized criminal violence does not constitute persecution and identified incidents received police response, therefore the claimants are not Convention refugees nor persons in need of protection.

Court Disposition

Claims dismissed; claimants are not Convention refugees nor persons in need of protection.

Orders

  • Refugee Protection Division determination dated December 11, 2002: claims denied