VB0-00042

VB0-00042

The claimants were not found to be Convention refugees nor persons in need of protection because the FARC detention was a generalized act of violence without evidence of a nexus to a Convention ground, there is no proof the FARC actively seeks the claimants, country conditions and lapse of time reduced the risk, and exclusion grounds were not established (no US legal status; no evidence of claimant criminality).

Citation
VB0-00042
Parties
Claimant: XXXX XXXXX XXXXX; Claimant: XXXX XXXXX XXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 February 2011
Procedural Posture
Refugee Protection Claim / Decision on Merits (reasons and Decision Dated 01 February 2011)
Outcome
Refugee claims dismissed; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee Status, Person in Need of Protection, Exclusion 1 E (residency in Another Country), Exclusion 1 F(b) (serious Criminality), Well Founded Fear, Credibility Assessment, Country Conditions, Generalized Violence, Family / Prior Marriage, Association With Drug Trafficking, Detention, Change in Circumstances
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Convention Refugee Status Person in Need of Protection Exclusion 1 E (residency in Another Country) Exclusion 1 F(b) (serious Criminality) +8 more

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Parties

XXXX XXXXX XXXXX

Claimant

XXXX XXXXX XXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision on Merits (reasons and Decision Dated 01 February 2011)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether claimants are persons in need of protection under subsection 97(1) of the IRPA
  3. 3 Application of exclusion provisions 1E and 1F(b)

Ratio Decidendi

The claimants were not found to be Convention refugees nor persons in need of protection because the FARC detention was a generalized act of violence without evidence of a nexus to a Convention ground, there is no proof the FARC actively seeks the claimants, country conditions and lapse of time reduced the risk, and exclusion grounds were not established (no US legal status; no evidence of claimant criminality).

Court Disposition

Refugee claims dismissed; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Refugee claims of XXXX XXXXX XXXXX and XXXX XXXXX XXXX XXXXX dismissed
  • Claimants are not Convention refugees under section 96 of the IRPA