2022 RLLR 64

2022 RLLR 64

On the balance of probabilities the claimant and associate claimants are Convention refugees: credible oral testimony and supporting documents establish an imputed political opinion nexus to persecution by FARC dissidents, state protection is inadequate and an internal flight alternative is not viable, so they face a well‑founded risk of persecution throughout Colombia.

Citation
2022 RLLR 64
Parties
Principal Claimant: XXXX XXXX; Associate Claimant Spouse: XXXX XXXX XXXX XXXX; Associate Claimant Child: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 July 2022
Procedural Posture
Refugee Protection Claim (rpd) / Decision (refugee Protection Division)
Outcome
Claim accepted; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Imputed Political Opinion, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment, Gender Related Persecution, Human Rights Defenders
Source Language
English
Immigration Refugee Law Human Rights Criminal Law (non State Actors) Convention Refugee Imputed Political Opinion Particular Social Group State Protection +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 1
Sign in to unlock

Parties

XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associate Claimant Spouse

XXXX XXXX XXXX

Associate Claimant Child

Procedural Posture

Refugee Protection Claim (rpd) / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 of the Immigration and Refugee Protection Act
  2. 2 Whether there is a nexus between persecution and a Convention ground (imputed political opinion)
  3. 3 Whether state protection in Colombia is available, effective and reasonable

Ratio Decidendi

On the balance of probabilities the claimant and associate claimants are Convention refugees: credible oral testimony and supporting documents establish an imputed political opinion nexus to persecution by FARC dissidents, state protection is inadequate and an internal flight alternative is not viable, so they face a well‑founded risk of persecution throughout Colombia.

Court Disposition

Claim accepted; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act

Orders

  • Claim accepted; XXXX XXXX (principal) and associate claimants XXXX XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX are declared Convention refugees under s.96 of the IRPA