TB6-14369

TB6-14369

The Board found the adult female held valid Colombian residency conferring rights substantially similar to nationals and was therefore excluded under Article 1E; the principal and the female minor failed to establish a serious possibility of persecution from FARC (risk merely possible) and failed to rebut the presumption of state protection against ELN or to show Cartagena was unreasonable as an IFA; the minor male had no independent claim tied to persecution and failed to show serious possibility of persecution in Venezuela. Accordingly none are Convention refugees or persons in need of protection.

Citation
TB6-14369
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Adult Female Claimant (wife): XXXX XXXX XXXX XXXX XXXX; Minor Male Claimant (son/step‑son): XXXX XXXX XXXX XXXX; Minor Female Claimant (daughter): Antonella XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 July 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Reasons for Decision (oral Decision Rendered July 30, 2018)
Outcome
Claim dismissed; claimants are not Convention refugees or persons in need of protection. Adult female claimant excluded under Article 1E.
Legal Topics
Convention Refugee Determination, Exclusion Under Article 1 E, Internal Flight Alternative, State Protection, Credibility and Evidentiary Weight
Source Language
English
Immigration Refugee Law International Protection Administrative Law Convention Refugee Determination Exclusion Under Article 1 E Internal Flight Alternative State Protection +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX

Adult Female Claimant (wife)

XXXX XXXX XXXX XXXX

Minor Male Claimant (son/step‑son)

Antonella XXXX XXXX XXXX

Minor Female Claimant (daughter)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing Reasons for Decision (oral Decision Rendered July 30, 2018)

Legal Issues

  1. 1 Whether adult female claimant is excluded under Article 1E due to Colombian residence status
  2. 2 Whether claimants are Convention refugees under s.96 and persons in need of protection under s.97(1) IRPA
  3. 3 Whether FARC or ELN pose a serious possibility of persecution to the claimants

Ratio Decidendi

The Board found the adult female held valid Colombian residency conferring rights substantially similar to nationals and was therefore excluded under Article 1E; the principal and the female minor failed to establish a serious possibility of persecution from FARC (risk merely possible) and failed to rebut the presumption of state protection against ELN or to show Cartagena was unreasonable as an IFA; the minor male had no independent claim tied to persecution and failed to show serious possibility of persecution in Venezuela. Accordingly none are Convention refugees or persons in need of protection.

Court Disposition

Claim dismissed; claimants are not Convention refugees or persons in need of protection. Adult female claimant excluded under Article 1E.