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Carias v MCI 2007 FCJ 817 generalized risk

July 10, 2010 by lorne

Jurisprudence Brief: 
The court dismissed a judicial review holding that the applicant: 25 The applicants are members of a large group of people who may be targeted for economic crimes in Honduras on the basis of their perceived wealth. The applicants submitted that the Board erred in imposing too high a standard upon them in requiring that they prove that they would be personally at risk. Given the wording of subparagraph 97(1)(b)(ii) of IRPA, the applicants had to satisfy the Board that they would be personally subjected to a risk that was not generally faced by others in Honduras. The application for judicial review is therefore dismissed.
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