TB7-11072

TB7-11072

Because the panel accepted that the claimants could go to Ecuador and the objective documentation in the National Documentation Package, corroborated and sourced, did not demonstrate that Venezuelan opposition members are persecuted there, and because the witness evidence was speculative and insufficient to establish a serious possibility of persecution in Ecuador, the claimants failed to prove they are Convention refugees or persons in need of protection and their claims were rejected.

Citation
TB7-11072
Parties
Claimant: XXXX XXXX XXXX XXXX; Claimant (minor): XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 November 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing With Oral Negative Decision and Written Reasons Rendered
Outcome
Claims rejected (negative decision)
Legal Topics
Convention Refugee, Person in Need of Protection, Country of Reference, Relocation Requirement, Credibility Assessment, Objective Country Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Country of Reference Relocation Requirement Credibility Assessment +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant (minor)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing With Oral Negative Decision and Written Reasons Rendered

Legal Issues

  1. 1 Whether Ecuador is an appropriate country of reference for the claimants
  2. 2 Whether claimants face a serious possibility of persecution in Ecuador for a Convention reason
  3. 3 Whether available country documentation or witness evidence establishes a risk to life or risk of cruel and unusual treatment in Ecuador

Ratio Decidendi

Because the panel accepted that the claimants could go to Ecuador and the objective documentation in the National Documentation Package, corroborated and sourced, did not demonstrate that Venezuelan opposition members are persecuted there, and because the witness evidence was speculative and insufficient to establish a serious possibility of persecution in Ecuador, the claimants failed to prove they are Convention refugees or persons in need of protection and their claims were rejected.

Court Disposition

Claims rejected (negative decision)

Orders

  • Claims dismissed for Convention refugee and person in need of protection status
  • Information to be provided to claimants regarding next procedural steps