TB0-04392

TB0-04392

The panel rejected the claimant's account as not credible due to material inconsistencies with documentary evidence and police reports and the claimant's conduct (leaving Colombia soon after reporting); on the country evidence Colombia offers adequate state protection and Bogota is a viable internal flight alternative, therefore the claimant failed to establish a serious possibility of persecution or personal risk to life, torture or cruel and unusual treatment and the claims under ss.96 and 97(1) IRPA are dismissed.

Citation
TB0-04392
Parties
Claimant: XXXX XXXXX XXXXX XXXX; Claimant: XXXXX XXXX XXXXX XXXXXX; Claimant: XXXXX XXXX XXXXX XXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 May 2011
Procedural Posture
Refugee Protection Claim (rpd) / Decision (reasons and Decision, May 30, 2011)
Outcome
Refugee claims dismissed (claimants are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA)
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Internal Flight Alternative, Credibility, Persecution, Torture, Subjective Fear, Colombia, FARC
Source Language
English
Refugee Law Immigration Law Human Rights Administrative Law Convention Refugee Person in Need of Protection State Protection Internal Flight Alternative +6 more

Case Brief

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Parties

XXXX XXXXX XXXXX XXXX

Claimant

XXXXX XXXX XXXXX XXXXXX

Claimant

XXXXX XXXX XXXXX XXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim (rpd) / Decision (reasons and Decision, May 30, 2011)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA
  2. 2 Whether claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Credibility of the principal claimant and consistency of his evidence

Ratio Decidendi

The panel rejected the claimant's account as not credible due to material inconsistencies with documentary evidence and police reports and the claimant's conduct (leaving Colombia soon after reporting); on the country evidence Colombia offers adequate state protection and Bogota is a viable internal flight alternative, therefore the claimant failed to establish a serious possibility of persecution or personal risk to life, torture or cruel and unusual treatment and the claims under ss.96 and 97(1) IRPA are dismissed.

Court Disposition

Refugee claims dismissed (claimants are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA)

Orders

  • Refugee claims dismissed