VB5-01979

VB5-01979

The claimant's removal to Colombia would not subject him personally to a serious possibility of persecution or substantial grounds for torture because a viable Internal Flight Alternative exists in Barranquilla: there is no credible evidence of recent or prospective targeting, country conditions have changed since the events over 15 years ago, and under the legal tests the claimant failed to meet the required thresholds; therefore the claim fails under ss.96 and 97(1) of the IRPA.

Citation
VB5-01979
Parties
Claimant: XXXX XXXX XXXX XXXX; Counsel for the Claimant: John Jurmain; Counsel for the Minister: N/A; Panel Member: Chad Prowse
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 August 2017
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Internal Flight Alternative, Credibility, State Protection, Risk of Torture, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Internal Flight Alternative Credibility State Protection +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

John Jurmain

Counsel for the Claimant

N/A

Counsel for the Minister

Chad Prowse

Panel Member

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant is a person in need of protection under section 97(1) of the IRPA
  3. 3 Whether a viable Internal Flight Alternative (Barranquilla) exists

Ratio Decidendi

The claimant's removal to Colombia would not subject him personally to a serious possibility of persecution or substantial grounds for torture because a viable Internal Flight Alternative exists in Barranquilla: there is no credible evidence of recent or prospective targeting, country conditions have changed since the events over 15 years ago, and under the legal tests the claimant failed to meet the required thresholds; therefore the claim fails under ss.96 and 97(1) of the IRPA.

Court Disposition

Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection.