TA8-02036

TA8-02036

The panel rejected the claims because it found the principal claimant not credible on material facts, discounted the documentary evidence as possibly fabricated, concluded the claimants could reasonably relocate within Bogota (viable internal flight alternative), and alternatively found any risk likely generalized criminality excluded by s.97(1)(b); accordingly they are neither Convention refugees nor persons in need of protection.

Citation
TA8-02036
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 November 2009
Procedural Posture
Refugee Protection (irpa) / Final Decision (refused)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility, Internal Flight Alternative, Generalized Risk, Excluded Risk Under S.97(1)(b), Failure to Seek Protection in Other Country, Political Opinion, Persecution, Threats, FARC, Colombia
Source Language
English
Refugee Law Immigration Law Administrative Law Credibility Internal Flight Alternative Generalized Risk Excluded Risk Under S.97(1)(b) Failure to Seek Protection in Other Country +5 more

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Parties

XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection (irpa) / Final Decision (refused)

Legal Issues

  1. 1 Whether the principal claimant is credible and whether the fear is well-founded
  2. 2 Whether there is nexus to a Convention ground
  3. 3 Whether a viable internal flight alternative exists within Colombia

Ratio Decidendi

The panel rejected the claims because it found the principal claimant not credible on material facts, discounted the documentary evidence as possibly fabricated, concluded the claimants could reasonably relocate within Bogota (viable internal flight alternative), and alternatively found any risk likely generalized criminality excluded by s.97(1)(b); accordingly they are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Claims of XXXXX XXXXX XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX are rejected (negative decision)
  • Negative bench decision rendered for children (TA8-02038, TA8-02039)