TA8-08339

The panel rejected the claim because the claimants' account was not credible in material respects, there is a viable internal flight alternative in Bogota, and alternatively any risk alleged is generalized criminality excluded by s.97(1)(b) of the IRPA; therefore they are neither Convention refugees nor persons in need of protection.

Citation: TA8-08339
Parties: Principal Claimant: XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 2 December 2009
Procedural Posture: Refugee Protection Claim Under IRPA / Hearing and Decision (refused)
Outcome: Claim dismissed; claimants are neither Convention refugees nor persons in need of protection
Legal Topics: Credibility, Internal Flight Alternative, Generalized Risk, Persecution, Gender Guidelines
Source Language: English

Immigration Refugee Law Administrative Law Credibility Internal Flight Alternative Generalized Risk Persecution Gender Guidelines

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Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2

Parties

XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (refused)

Legal Issues

1 Whether claimants' account is credible and fear well‑founded
2 Whether there is nexus to a Convention ground
3 Whether a viable internal flight alternative exists in Bogota

Ratio Decidendi

Court Disposition

Claim dismissed; claimants are neither Convention refugees nor persons in need of protection

Orders

Refugee protection claim denied and files closed