MA7-08331

MA7-08331

Although the principal claimant was found credible, the panel concluded that the alleged events occurred over a decade earlier and objective country documentation demonstrated substantial reductions in violence and operational capacity of illegal armed groups; there was no evidence the claimants would now be specifically targeted, and the minors had no claim related to the United States, therefore the claimants are not Convention refugees nor persons in need of protection.

Citation
MA7-08331
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 September 2009
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97) / Hearing and Decision
Outcome
Claim for refugee protection rejected; claimants are not Convention refugees or persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Persecution Risk, Country Conditions, Guerrilla Violence, Credibility Assessment
Source Language
English
Refugee Law Immigration Law Human Rights Convention Refugee Person in Need of Protection Persecution Risk Country Conditions Guerrilla Violence +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97) / Hearing and Decision

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees under section 96 IRPA
  2. 2 Whether the claimants face a serious possibility of persecution, torture, risk to life, or cruel and unusual punishment if returned to Colombia
  3. 3 Whether the claimants' fear is supported by objective, current country conditions given the passage of time

Ratio Decidendi

Although the principal claimant was found credible, the panel concluded that the alleged events occurred over a decade earlier and objective country documentation demonstrated substantial reductions in violence and operational capacity of illegal armed groups; there was no evidence the claimants would now be specifically targeted, and the minors had no claim related to the United States, therefore the claimants are not Convention refugees nor persons in need of protection.

Court Disposition

Claim for refugee protection rejected; claimants are not Convention refugees or persons in need of protection.

Orders

  • Refugee protection claim rejected