TB0-07426

TB0-07426

The panel found no nexus between the claimants' fear and a Convention ground and, on the balance of probabilities, insufficient credible evidence that the principal claimant (or his family) would face a real risk to life or cruel and unusual treatment throughout Colombia under s.97(1); accordingly the claims are rejected.

Citation
TB0-07426
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimant (wife): XXXX XXXX XXXX XXXX; Minor Claimant (daughter, US Citizen): XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 December 2019
Procedural Posture
Redetermination of the Claim / Decision and Reasons (refugee Protection Division)
Outcome
Claim rejected: not a Convention refugee and not a person in need of protection; one associate claim declared abandoned.
Legal Topics
Convention Refugee, Person in Need of Protection, Nexus to Convention Ground, Re‑availment of State Protection, Extortion by Non‑state Actors
Source Language
English
Immigration Refugee Law Protection Convention Refugee Person in Need of Protection Nexus to Convention Ground Re‑availment of State Protection Extortion by Non‑state Actors

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associate Claimant (wife)

XXXX XXXX

Minor Claimant (daughter, US Citizen)

Procedural Posture

Redetermination of the Claim / Decision and Reasons (refugee Protection Division)

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 Whether extortion by a criminal gang establishes nexus to a Convention ground

Ratio Decidendi

The panel found no nexus between the claimants' fear and a Convention ground and, on the balance of probabilities, insufficient credible evidence that the principal claimant (or his family) would face a real risk to life or cruel and unusual treatment throughout Colombia under s.97(1); accordingly the claims are rejected.

Court Disposition

Claim rejected: not a Convention refugee and not a person in need of protection; one associate claim declared abandoned.

Orders

  • Primary claimant's claim rejected
  • Associate claimant (wife) claim declared abandoned pursuant to s.168(1) IRPA