CA5-00100

CA5-00100

The Board found the claimants not to be Convention refugees or persons in need of protection because the male claimant's credibility was undermined by his unreasonable delay in seeking asylum in the United States and by lack of corroboration of political activities; combined with the localized and dated nature of his profile and country evidence, there is no serious possibility that the claimants would be targeted by the FARC for Convention‑ground persecution if returned, therefore the claim must be rejected.

Citation
CA5-00100
Parties
Claimant (male) / Designated Representative for Minors: XXXXX XXXXX XXXXX; Claimant (female): XXXXX XXXXX XXXXX XXXXX; Claimant (minor): XXXXX XXXXX XXXXX XXXXX; Respondent / Minister: Minister of Citizenship and Immigration (respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 August 2005
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision Following Hearing
Outcome
Claims rejected; claimants are not Convention refugees or persons in need of protection.
Legal Topics
Extortion, Political Opinion, Particular Social Group (family), Credibility, Delay in Seeking Protection (laches), State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Asylum Human Rights Extortion Political Opinion Particular Social Group (family) Credibility +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant (male) / Designated Representative for Minors

XXXXX XXXXX XXXXX XXXXX

Claimant (female)

XXXXX XXXXX XXXXX XXXXX

Claimant (minor)

Minister of Citizenship and Immigration (respondent)

Respondent / Minister

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimants have a subjective and objective well‑founded fear of persecution linked to a Convention ground
  2. 2 Whether the male claimant's activities with the Liberal Party and alleged FARC threats/assault establish nexus to political opinion
  3. 3 Whether delay in seeking asylum in the United States and lack of corroboration undermines credibility

Ratio Decidendi

The Board found the claimants not to be Convention refugees or persons in need of protection because the male claimant's credibility was undermined by his unreasonable delay in seeking asylum in the United States and by lack of corroboration of political activities; combined with the localized and dated nature of his profile and country evidence, there is no serious possibility that the claimants would be targeted by the FARC for Convention‑ground persecution if returned, therefore the claim must be rejected.

Court Disposition

Claims rejected; claimants are not Convention refugees or persons in need of protection.