| Citation: |
Innocent v. Canada (Minister of Citizenship and Immigration), 2009 FC 1019, [2009] 4 F.C.R. D-10 |
IMM-541-09 |
Citizenship and Immigration
Status in Canada
Persons in need of protection
Judicial review of decision of Immigration and Refugee Board applicant not “Convention refugee” or “person in need of protection”—Consideration of application for protected person status under Immigration and Refugee Protection Act (IRPA), S.C. 2001, c. 27, s. 97(1)(b)(ii) requiring individualized assessment in context of existing, future risks faced by applicant, separate analysis of risk faced by other individuals from country in question—Analysis primarily entailing determination, on case‑by‑case basis, of real, particularized threat directed at individual—IRPA, s. 97(1)(b)(ii) not requiring that “all other individuals from that country” face risk but that risk not faced generally “by other individuals in or from that country”—Textual analysis also supported by legislative history of provision—Argument that applicant more at risk of generalized crime than rest of Haitian population because more affluent cannot succeed—Person directly victimized by crime not, based on fact alone, person in need of protection under IRPA, s. 97—Application dismissed.
Innocent v. Canada (Minister of Citizenship and Immigration) (IMM-541-09, 2009 FC 1019, Mainville J., judgment dated October 8, 2009, 33 pp.)