MB7-06234

MB7-06234

The panel accepted the principal claimant's credible testimony and corroborating documents, found a nexus to the Convention as a woman victim of conjugal violence and her children as family members, concluded state protection in Colombia is inadequate and internal flight is not viable, and therefore the principal claimant and adult son are Convention refugees; the minor claimant is an Argentine citizen and no evidence was produced against Argentina, so his claim fails.

Citation
MB7-06234
Parties
Claimant Principal: Principal claimant (female); Claimant Adult: Adult son; Claimant Minor: Minor son
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 October 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (sections 96 and 97) / Hearing and Final Decision (reasons and Decision Issued)
Outcome
Principal claimant (female) and adult son found to be Convention refugees; minor son rejected.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Internal Flight Alternative, Credibility, Particular Social Group, Domestic Violence
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence Convention Refugee Person in Need of Protection State Protection Internal Flight Alternative +3 more

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Parties

Principal claimant (female)

Claimant Principal

Adult son

Claimant Adult

Minor son

Claimant Minor

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (sections 96 and 97) / Hearing and Final Decision (reasons and Decision Issued)

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees
  2. 2 Whether the minor claimant is a citizen of Argentina and whether Argentina is the country of reference
  3. 3 Whether the claimant faced a well-founded fear of persecution

Ratio Decidendi

The panel accepted the principal claimant's credible testimony and corroborating documents, found a nexus to the Convention as a woman victim of conjugal violence and her children as family members, concluded state protection in Colombia is inadequate and internal flight is not viable, and therefore the principal claimant and adult son are Convention refugees; the minor claimant is an Argentine citizen and no evidence was produced against Argentina, so his claim fails.

Court Disposition

Principal claimant (female) and adult son found to be Convention refugees; minor son rejected.

Orders

  • Principal claimant and adult son's refugee protection claims allowed; minor claimant's claim dismissed for lack of risk in country of reference (Argentina)