TB6-09803

TB6-09803

On the balance of probabilities the claimants failed to establish a serious possibility of persecution because a viable internal flight alternative exists in Medellin; the agent of persecution was unlikely to find them there and relocation to Medellin would not be unreasonable given personal and objective factors, therefore refugee protection and protection under section 97(1) are not established.

Citation
TB6-09803
Parties
Principal Claimant: XXXX XXXX; Child Claimant: XXXX XXXX; Designated Representative: XXXX XXXX; Counsel for Claimant: Panteha Yektaeian Guetter; Counsel for Minister: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 March 2018
Procedural Posture
Refugee Protection Claim / Reasons and Decision
Outcome
Claims rejected
Legal Topics
Internal Flight Alternative, Credibility, Domestic Violence, State Protection, Exclusion Under Section 1 F(b)
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law Family Law Internal Flight Alternative Credibility Domestic Violence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Child Claimant

XXXX XXXX

Designated Representative

Panteha Yektaeian Guetter

Counsel for Claimant

N/A

Counsel for Minister

Procedural Posture

Refugee Protection Claim / Reasons and Decision

Legal Issues

  1. 1 Identity and credibility of claimants
  2. 2 Existence of a serious possibility of persecution
  3. 3 Availability and reasonableness of an internal flight alternative (IFA)

Ratio Decidendi

On the balance of probabilities the claimants failed to establish a serious possibility of persecution because a viable internal flight alternative exists in Medellin; the agent of persecution was unlikely to find them there and relocation to Medellin would not be unreasonable given personal and objective factors, therefore refugee protection and protection under section 97(1) are not established.

Court Disposition

Claims rejected

Orders

  • Claimants' refugee protection claims are rejected; no Convention refugee status or person in need of protection status granted