TA7-13192
The panel rejected the claim because it found the claimant's principal story not credible on material points and, alternatively, found a viable internal flight alternative within Bogota; therefore the claimant is neither a Convention refugee under section 96 nor a person in need of protection under section 97(1).
- Citation
- TA7-13192
- Parties
- Claimant: XXXXX XXXXX XXXXX XXXXX
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 23 December 2009
- Procedural Posture
- Refugee Protection (irpa) / Decision Post‑hearing
- Outcome
- Claim rejected - not a Convention refugee and not a person in need of protection
- Legal Topics
- Convention Refugee Determination, Internal Flight Alternative, Credibility Assessment, Well‑founded Fear, Failure to Seek Protection in Other Countries
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXX XXXXX XXXXX XXXXX
Claimant
Procedural Posture
Refugee Protection (irpa) / Decision Post‑hearing
Legal Issues
- 1 Whether claimant's account is credible and establishes a well‑founded fear
- 2 Whether the claimant's persecution, if any, is connected to a Convention ground
- 3 Availability of an internal flight alternative within Colombia
Ratio Decidendi
The panel rejected the claim because it found the claimant's principal story not credible on material points and, alternatively, found a viable internal flight alternative within Bogota; therefore the claimant is neither a Convention refugee under section 96 nor a person in need of protection under section 97(1).
Court Disposition
Claim rejected - not a Convention refugee and not a person in need of protection
Orders
- Refugee claim dismissed
Full Case Text
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