VC0-01181

VC0-01181

The appeal is dismissed because the RPD correctly found a viable internal flight alternative in Barranquilla: objective country evidence shows no illegal armed groups operating there, there is no demonstration that former paramilitary members have the motivation or means to locate the appellants, the principal appellant lacks a profile in Barranquilla that would attract targeting, and the associates are not individually at risk; therefore the appellants are neither Convention refugees nor persons in need of protection.

Citation
VC0-01181
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Respondent / Counsel for the Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 August 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed
Legal Topics
Internal Flight Alternative, Convention Refugee Determination, Risk Assessment, Subjective Fear, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Determination Risk Assessment Subjective Fear Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Designated Representative

Minister of Citizenship and Immigration

Respondent / Counsel for the Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the appellants have a viable internal flight alternative (IFA) in Barranquilla
  2. 2 Whether the principal appellant has an objectively well-founded subjective fear of persecution
  3. 3 Whether the principal appellant's profile renders her a target in Barranquilla

Ratio Decidendi

The appeal is dismissed because the RPD correctly found a viable internal flight alternative in Barranquilla: objective country evidence shows no illegal armed groups operating there, there is no demonstration that former paramilitary members have the motivation or means to locate the appellants, the principal appellant lacks a profile in Barranquilla that would attract targeting, and the associates are not individually at risk; therefore the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed: appellants are neither Convention refugees nor persons in need of protection