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De Parada V MCI 2008 FC 845 Generalized Risk

October 4, 2009 by lorne

Jurisprudence Brief: 
The Court upheld a decision of the IRB which found the applicants were victims of generalized risk. The Applicant's fear of gnags was one experienced by all in the country. The fact that their risk was slightly increased due to the fact that they were businessmen did not take the case out of the generalized risk category. The Court distinguishes Pineda 2007 FC 365 because in that case the risk was greater due to the refusal of the applicant to join the gang.
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