TA8-17963

The claim was rejected because, on the balance of probabilities, the principal claimant's prolonged illegal sojourn in the United States without seeking protection or relocating to a safe country was inconsistent with his asserted fear of being murdered in Colombia, warranting a negative credibility finding and dismissal under sections 96 and 97(1) IRPA.

Citation: TA8-17963
Parties: Principal Claimant: XXXXX XXXXX; Spouse: XXXXX XXXXX XXXXX; Child: XXXXX XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 27 October 2009
Procedural Posture: Refugee Claim Before the Refugee Protection Division / Decision at First Instance
Outcome: Refugee claims rejected
Legal Topics: Credibility, Failure to Seek Protection in Other Countries, Safe Third Country, Political Activities, Sojourning, Subjective Fear
Source Language: English

Refugee Protection Immigration Law Administrative Law Credibility Failure to Seek Protection in Other Countries Safe Third Country Political Activities Sojourning +1 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Spouse

XXXXX XXXXX XXXXX XXXXX

Child

Procedural Posture

Refugee Claim Before the Refugee Protection Division / Decision at First Instance

Legal Issues

1 Whether the claimant's prolonged illegal residence in the United States negates his claimed subjective fear of persecution in Colombia
2 Whether failure to seek protection or relocate to a safe third country (Canada) undermines credibility
3 Whether the claimant's political activity gives rise to a risk of persecution on return

Ratio Decidendi

Court Disposition

Refugee claims rejected

Orders

Refugee Protection Division rejects the claims pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act