TA9-08529

TA9-08529

The claims were dismissed because the claimant's testimony was not credible on material points and, alternatively, he failed to rebut the presumption of adequate state protection in Colombia on the balance of probabilities; accordingly he is neither a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.

Citation
TA9-08529
Parties
Principal Claimant: XXXX XXXXX XXXXX XXXX; Co Claimant/spouse: XXXX XXXXXX XXXX XXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 May 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision (refugee Protection Division Determination)
Outcome
Claims rejected: claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97(1) IRPA.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Credibility Assessment, Nexus, Reavailment
Source Language
English
Immigration and Refugee Protection Asylum Administrative Law Country Conditions Assessment Convention Refugee Person in Need of Protection State Protection Credibility Assessment +2 more

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Parties

XXXX XXXXX XXXXX XXXX

Principal Claimant

XXXX XXXXXX XXXX XXXXXX

Co Claimant/spouse

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision (refugee Protection Division Determination)

Legal Issues

  1. 1 Whether the principal claimant is credible about being targeted by the FARC
  2. 2 Whether there is nexus between the claimed risk and a Convention ground
  3. 3 Whether Colombia can provide adequate state protection

Ratio Decidendi

The claims were dismissed because the claimant's testimony was not credible on material points and, alternatively, he failed to rebut the presumption of adequate state protection in Colombia on the balance of probabilities; accordingly he is neither a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.

Court Disposition

Claims rejected: claimants are neither Convention refugees under s.96 nor persons in need of protection under s.97(1) IRPA.

Orders

  • Refugee Protection Division denies the claims of XXXX XXXXX XXXXX XXXX and XXXX XXXXXX XXXX XXXXXX
  • Claims of U.S.-born minor sons (TA9-08531 and TA9-08532) were disjoined and a separate bench negative decision was rendered; principal claimant was appointed designated representative for the sons