TA8-13569

TA8-13569

The principal claimant's claim fails because the tribunal found her not credible based on inconsistent explanations for not claiming protection in the USA, unjustified delay in leaving Colombia, failure to report threats or seek state protection, and embellishment of activities; as the husband's and minor son's claims depended on the principal claim, they also fail.

Citation
TA8-13569
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Husband: XXXXX XXXXX XXXXX XXXXX; Minor Son: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 January 2010
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (reasons and Decision)
Outcome
All three claims rejected
Legal Topics
Convention Refugee Status, State Protection, Credibility Assessment, Delay in Leaving Country, Failure to Seek Protection in Transit Country, Political Activities, FARC Threats
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Status State Protection Credibility Assessment Delay in Leaving Country Failure to Seek Protection in Transit Country +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Husband

XXXXX XXXXX XXXXX XXXXX

Minor Son

Procedural Posture

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

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Whether state protection in Colombia was available and effective

Ratio Decidendi

The principal claimant's claim fails because the tribunal found her not credible based on inconsistent explanations for not claiming protection in the USA, unjustified delay in leaving Colombia, failure to report threats or seek state protection, and embellishment of activities; as the husband's and minor son's claims depended on the principal claim, they also fail.

Court Disposition

All three claims rejected

Orders

  • Principal claimant's refugee claim denied
  • Husband's dependent claim denied