Digests

Decision Information

Decision Content

[2011] 4 F.C.R. D-5

citizenship and immigration

Status in Canada

Convention Refugees and Persons in Need of Protection

Judicial review of Immigration and Refugee Board Refugee Protection Division decision determining applicants neither Convention refugees nor persons in need of protection under Immigration and Refugee Protection Act, S.C. 2001, c. 27—Applicants Mexicans, fearing persecution by drug cartel members—Principal applicant small-business owner—Board finding applicants lacking nexus to Convention ground, that risk generalized rather than personalized—Filing police report or resisting criminality not necessarily constituting imputed political opinion—Absent evidence applicants’ resistance to handing over money to criminals constituting political act, reasonably open to Board to find that applicants not targeted due to real or imputed political opinion—No evidence before Board suggesting cartel viewed non-payment as act of political support for political opponents—Board not erring in finding risk faced by applicants generalized since fear articulated by applicants shared by many Mexican citizens—Application dismissed.

Lozano Navarro v. Canada (Citizenship and Immigration) (IMM-5598-10, 2011 FC 768, Near J., judgment dated June 24, 2011, 15 pp.)

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