| Citation: |
Marcelin Gabriel v. Canada (Minister of Citizenship and Immigration), 2009 FC 1170, [2010] 1 F.C.R. D-1 |
IMM-1816-09 |
Citizenship and Immigration
Status in Canada
Persons in Need of Protection
Judicial Review of Refugee Protection Division (RPD) of Immigration and Refugee Board decision applicant neither Convention refugee nor person in need of protection—Applicant fleeing Haiti for United States in 1994, arriving in Canada in 2007—RPD finding applicant not discharging burden of showing well-founded fear of persecution pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 96—RPD also denying Act, s. 97 claim (person in need of protection) on basis risk of persecution generalized risk of becoming target of criminal activity faced by all Haitians—Pursuant to dominant interpretation of Act, s. 97, risk restricted to instances where applicant satisfying RPD of individual connection to risk—Thus, generalized risk could be experienced by subset of nation’s population, however membership in that category not sufficient to personalize risk—Risk must be particularized to personal circumstances of claimant—Membership in Haitian diaspora not sufficient to attract personal risk herein—Application dismissed.
Marcelin Gabriel v. Canada (Minister of Citizenship and Immigration) (IMM-1816-09, 2009 FC 1170, Pinard J., judgment dated November 19, 2009, 12 pp.)