TB8-19087

TB8-19087

Claimants failed to establish on a balance of probabilities a nexus to a Convention ground and failed to provide credible documentary support for material allegations; Tribunal found a viable internal flight alternative in Florencia and concluded there was no personalized forward‑facing risk under s.97(1); therefore claims rejected.

Citation
TB8-19087
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 December 2019
Procedural Posture
Refugee Protection Claim (irpa Ss.96,97) / Hearing and Decision (panel)
Outcome
Claims rejected; principal, associate and minor claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Internal Flight Alternative, Credibility Assessment, Nexus to Convention Grounds, Persecution, Non State Actors, Section 97(1) Risk
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Internal Flight Alternative Credibility Assessment Nexus to Convention Grounds +3 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associate Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97) / Hearing and Decision (panel)

Legal Issues

  1. 1 Credibility of principal claimant
  2. 2 Existence and viability of an internal flight alternative
  3. 3 Whether claimants were targeted for a Convention-ground reason (nexus)

Ratio Decidendi

Claimants failed to establish on a balance of probabilities a nexus to a Convention ground and failed to provide credible documentary support for material allegations; Tribunal found a viable internal flight alternative in Florencia and concluded there was no personalized forward‑facing risk under s.97(1); therefore claims rejected.

Court Disposition

Claims rejected; principal, associate and minor claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Principal claimant's claim rejected
  • Associate claimant's claim rejected