TA4-13660

TA4-13660

There was insufficient independent and persuasive evidence that the FARC has the capability or strategic motive to pursue and harm the second claimant or her family in Mexico, and no evidence that the third and fourth claimants would face persecution or serious harm in the United States; therefore the claims of the second, third and fourth claimants fail.

Citation
TA4-13660
Parties
Principal Claimant (applicant): XXXXX XXXXX XXXXX; Second Claimant (spouse): XXXXX XXXXX XXXXX; Third Claimant (minor): XXXXX XXXXX; Fourth Claimant (minor): XXXXX XXXXX XXXXX; Counsel for the Claimant(s): Anita Leggett
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 November 2006
Procedural Posture
Refugee Protection Claim (rpd) / Hearing and Decision (oral Reasons Rendered 21 Nov 2006; Written Reasons Issued 9 Mar 2007)
Outcome
Principal claimant determined to be a Convention refugee (oral decision). Second, third and fourth claimants found not to be Convention refugees and claims rejected.
Legal Topics
Convention Refugee, Particular Social Group, Political Opinion, Persecution, Country Evidence, State/non State Actor Nexus
Source Language
English
Refugee Law Immigration International Protection Human Rights Convention Refugee Particular Social Group Political Opinion Persecution +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Principal Claimant (applicant)

XXXXX XXXXX XXXXX

Second Claimant (spouse)

XXXXX XXXXX

Third Claimant (minor)

XXXXX XXXXX XXXXX

Fourth Claimant (minor)

Anita Leggett

Counsel for the Claimant(s)

Procedural Posture

Refugee Protection Claim (rpd) / Hearing and Decision (oral Reasons Rendered 21 Nov 2006; Written Reasons Issued 9 Mar 2007)

Legal Issues

  1. 1 Whether the second claimant has an objective risk of persecution by the FARC in Mexico
  2. 2 Whether the third and fourth claimants face persecution or other serious harm on return to the United States
  3. 3 Whether the FARC has the capability and intent to track and harm non-cooperators or their family members outside Colombia

Ratio Decidendi

There was insufficient independent and persuasive evidence that the FARC has the capability or strategic motive to pursue and harm the second claimant or her family in Mexico, and no evidence that the third and fourth claimants would face persecution or serious harm in the United States; therefore the claims of the second, third and fourth claimants fail.

Court Disposition

Principal claimant determined to be a Convention refugee (oral decision). Second, third and fourth claimants found not to be Convention refugees and claims rejected.

Orders

  • Principal claimant recognized as Convention refugee (oral decision on 21 Nov 2006; written reasons 9 Mar 2007)
  • Claims of second, third and fourth claimants rejected (not Convention refugees/not in need of protection)