MA2-03721

MA2-03721

The claimants' protection claims were rejected because the principal possessed Spanish citizenship (and co-claimants had access to Spain as a safe third country by descent), the co-claimants were not shown to have been targeted by FARC, the testimony contained material inconsistencies and implausibilities, and the passage of time and conduct of the claimants were inconsistent with genuine flight from persecution; therefore they are neither Convention refugees under s.96 nor persons in need of protection under s.97.

Citation
MA2-03721
Parties
Claimant Principal: XXXXX XXXXX XXXXX XXXXX; Claimant Spouse: XXXXX XXXXX - XXXXX; Claimant Child: XXXXX XXXXX XXXXX; Panel Member / Decision Maker: Me Michael Hamelin; Refugee Protection Officer: Gérard Therrien; Minister's Counsel: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 May 2006
Procedural Posture
Refugee Protection — Convention Refugee / Person in Need of Protection / Hearing and Decision (refugee Protection Division)
Outcome
Refused — claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Safe Third Country / Alternative Country of Refuge, Credibility and Consistency in Testimony, Risk of Persecution, Torture and Cruel and Unusual Treatment, Minor's Citizenship
Source Language
English
Immigration Law Refugee Law Nationality and Citizenship Administrative Law Convention Refugee Person in Need of Protection Safe Third Country / Alternative Country of Refuge Credibility and Consistency in Testimony +3 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant Principal

XXXXX XXXXX - XXXXX

Claimant Spouse

XXXXX XXXXX XXXXX

Claimant Child

Me Michael Hamelin

Panel Member / Decision Maker

Gérard Therrien

Refugee Protection Officer

N/A

Minister's Counsel

Procedural Posture

Refugee Protection — Convention Refugee / Person in Need of Protection / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under s.96 IRPA
  2. 2 Whether the claimants are persons in need of protection under s.97 IRPA
  3. 3 Whether Spain is an available country of reference/safe alternative given Spanish citizenship or eligibility

Ratio Decidendi

The claimants' protection claims were rejected because the principal possessed Spanish citizenship (and co-claimants had access to Spain as a safe third country by descent), the co-claimants were not shown to have been targeted by FARC, the testimony contained material inconsistencies and implausibilities, and the passage of time and conduct of the claimants were inconsistent with genuine flight from persecution; therefore they are neither Convention refugees under s.96 nor persons in need of protection under s.97.

Court Disposition

Refused — claimants are not Convention refugees and are not persons in need of protection

Orders

  • Refusal of refugee protection claims MA2-03721, MA2-03723, MA2-03724