TB0-05004

TB0-05004

Claimant failed to rebut the presumption of state protection and did not seek available state protection; objective country evidence shows Colombia is a functioning state making serious efforts to protect citizens and FARC no longer poses the same level of threat; therefore the claimant is not a Convention refugee nor a person in need of protection.

Citation
TB0-05004
Parties
Claimant: XXX XXXX XXXX XXXX; Claimant (joined): XXX XXXXX XXXXX XXXX; Claimant (joined): XXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX; Designated Representative: XXX XXXXX XXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 May 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision at Refugee Protection Division (refusal)
Outcome
Refugee claim denied
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Persecution, Non‑state Actors (farc), Burden of Proof, Credibility
Source Language
English
Immigration Law Refugee Law Human Rights International Protection Convention Refugee Person in Need of Protection State Protection Persecution +3 more

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Parties

XXX XXXX XXXX XXXX

Claimant

XXX XXXXX XXXXX XXXX

Claimant (joined)

XXX XXXXX XXXXX XXXXX

Claimant (joined)

XXXXX XXXXX

Minor Claimant

XXX XXXXX XXXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision at Refugee Protection Division (refusal)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under section 97(1) IRPA
  3. 3 Whether adequate state protection is available in Colombia

Ratio Decidendi

Claimant failed to rebut the presumption of state protection and did not seek available state protection; objective country evidence shows Colombia is a functioning state making serious efforts to protect citizens and FARC no longer poses the same level of threat; therefore the claimant is not a Convention refugee nor a person in need of protection.

Court Disposition

Refugee claim denied

Orders

  • Refugee Protection Division rejects the claim; claimant is not a Convention refugee and not a person in need of protection; joined claims also dismissed