TA9-04729

TA9-04729

The panel rejected the principal claimant's account as not credible in material respects, found no established nexus to a Convention ground, determined that state protection and a viable internal flight alternative in Bogota exist, and concluded any risk is generalized and therefore excluded under paragraph 97(1)(b); accordingly the claimants are neither Convention refugees nor persons in need of protection.

Citation
TA9-04729
Parties
Principal Claimant / Designated Representative: XXXXX XXXXX XXXXX XXXXX; Claimant (daughter): XXXXX XXXXX XXXXX; Claimant (son, Minor): XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 January 2010
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97(1)) / Final Decision (reasons and Decision by Refugee Protection Division)
Outcome
Claims dismissed; claimants are neither Convention refugees nor persons in need of protection under IRPA.
Legal Topics
Credibility, Nexus to a Convention Ground, State Protection, Internal Flight Alternative, Generalized Risk (exclusion Under S.97(1)(b)), Gender Guidelines, Burden of Proof
Source Language
English
Immigration Refugee Law Administrative Law Credibility Nexus to a Convention Ground State Protection Internal Flight Alternative Generalized Risk (exclusion Under S.97(1)(b)) +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant / Designated Representative

XXXXX XXXXX XXXXX

Claimant (daughter)

XXXXX XXXXX XXXXX XXXXX

Claimant (son, Minor)

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97(1)) / Final Decision (reasons and Decision by Refugee Protection Division)

Legal Issues

  1. 1 Whether the principal claimant's account is credible and establishes a well‑founded fear
  2. 2 Whether the alleged persecution is connected to a Convention ground (nexus)
  3. 3 Whether effective state protection is available in Colombia

Ratio Decidendi

The panel rejected the principal claimant's account as not credible in material respects, found no established nexus to a Convention ground, determined that state protection and a viable internal flight alternative in Bogota exist, and concluded any risk is generalized and therefore excluded under paragraph 97(1)(b); accordingly the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims dismissed; claimants are neither Convention refugees nor persons in need of protection under IRPA.

Orders

  • The Refugee Protection Division dismisses the claims of XXXXX XXXXX XXXXX XXXXX, XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX XXXXX; they are not Convention refugees and not persons in need of protection.