TB9-05790

TB9-05790

The appeal is dismissed because the RPD correctly concluded that (1) the appellants' fear arose from criminal extortion with no established nexus to a Convention ground, and (2) on a balance of probabilities a viable internal flight alternative exists in Tunja: objective country documentation and the appellants' evidence do not show AGC/Los Urabenos presence or motive/means to locate and harm them there and relocation would not be unreasonable in all circumstances.

Citation
TB9-05790
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; First Minor Associate Appellant: XXXX XXXX XXXX; Second Minor Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 July 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Nexus to Convention Grounds, Credibility Assessment, Natural Justice Evidence/translation, Risk Assessment, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Internal Flight Alternative Nexus to Convention Grounds Credibility Assessment Natural Justice Evidence/translation +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

First Minor Associate Appellant

XXXX XXXX XXXX

Second Minor Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether there is a nexus between the appellants' fear and a Convention ground
  2. 2 Whether a viable internal flight alternative (Tunja) exists (both prongs)
  3. 3 Whether the RPD breached natural justice by giving less weight to untranslated/partially translated documents

Ratio Decidendi

The appeal is dismissed because the RPD correctly concluded that (1) the appellants' fear arose from criminal extortion with no established nexus to a Convention ground, and (2) on a balance of probabilities a viable internal flight alternative exists in Tunja: objective country documentation and the appellants' evidence do not show AGC/Los Urabenos presence or motive/means to locate and harm them there and relocation would not be unreasonable in all circumstances.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; decision of the Refugee Protection Division affirmed