TA8-07422

TA8-07422

Claimants failed to prove on the required legal standards that they would personally face a serious possibility of persecution or, on the balance of probabilities, a risk to life or of cruel and unusual treatment or punishment or a danger of torture if returned to Colombia; absence of direct threats, lack of personal targeting, similar relatives remaining safe in Colombia, the passage of time and availability of state protection for the minor led to rejection of all claims.

Citation
TA8-07422
Parties
Male Claimant: XXXXX XXXXX XXXXX XXXXX; Female Claimant: XXXXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 December 2009
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (reasons and Decision)
Outcome
All claims rejected; claimants are not Convention refugees and are not persons in need of protection under IRPA
Legal Topics
Convention Refugee Status, Persons in Need of Protection, Persecution, Risk to Life, Cruel and Unusual Treatment, Torture, Non State Actors (farc), Extortion, State Protection, Credibility Assessment, Internal Flight Alternative, Family/minor Claimant
Source Language
English
Immigration Law Refugee Law International Protection Human Rights Convention Refugee Status Persons in Need of Protection Persecution Risk to Life +8 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Male Claimant

XXXXX XXXXX XXXXX XXXXX

Female Claimant

XXXXX XXXXX XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of IRPA
  2. 2 Whether the claimants are persons in need of protection under section 97(1)(a) or (b) of IRPA
  3. 3 Whether risk from non-state actors (FARC) amounts to persecution or a danger of torture

Ratio Decidendi

Claimants failed to prove on the required legal standards that they would personally face a serious possibility of persecution or, on the balance of probabilities, a risk to life or of cruel and unusual treatment or punishment or a danger of torture if returned to Colombia; absence of direct threats, lack of personal targeting, similar relatives remaining safe in Colombia, the passage of time and availability of state protection for the minor led to rejection of all claims.

Court Disposition

All claims rejected; claimants are not Convention refugees and are not persons in need of protection under IRPA

Orders

  • Claims of the adult claimants are rejected
  • Claim of the minor claimant is rejected