TB7-16307

TB7-16307

The claimants failed to prove nexus between the harm and a Convention ground and did not rebut the presumption of adequate state protection; independently, viable internal flight alternatives (Medellin or Barranquilla) exist and are reasonable, therefore the claims fail under s.96 and s.97(1).

Citation
TB7-16307
Parties
Claimant Principal: XXXX XXXX XXXX XXXX; Claimant Spouse: XXXX XXXX XXXX XXXX; Claimant Minor: XXXX XXXX XXXX XXXX; Respondent Minister: Canada (Minister of Immigration)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 March 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Hearing With Post‑hearing Submissions and Final Decision
Outcome
All claims for refugee protection and protection under s.97(1) dismissed; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Convention Refugee Determination, Internal Flight Alternative, State Protection, Gender‑based Persecution, Credibility, Vulnerable Person Application
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Determination Internal Flight Alternative State Protection Gender‑based Persecution Credibility +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant Principal

XXXX XXXX XXXX XXXX

Claimant Spouse

XXXX XXXX XXXX XXXX

Claimant Minor

Canada (Minister of Immigration)

Respondent Minister

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Hearing With Post‑hearing Submissions and Final Decision

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96
  2. 2 Whether claimants face danger of torture or risk to life/cruel and unusual treatment under s.97(1)
  3. 3 Whether there is nexus between alleged harm and a Convention ground

Ratio Decidendi

The claimants failed to prove nexus between the harm and a Convention ground and did not rebut the presumption of adequate state protection; independently, viable internal flight alternatives (Medellin or Barranquilla) exist and are reasonable, therefore the claims fail under s.96 and s.97(1).

Court Disposition

All claims for refugee protection and protection under s.97(1) dismissed; claimants are not Convention refugees and are not persons in need of protection

Orders

  • All claims denied; no protection granted