MB9-02352

MB9-02352

The RAD found the appellants credible and, applying the correct burdens, concluded on a balance of probabilities that the FARC (including dissidents) retain sufficient ability and a sustained motivation to locate and harm the appellants throughout Colombia (including Cartagena) and that state protection is ineffective; therefore there is no safe internal flight alternative and the appeals are allowed, the RPD decision is set aside and appellants are refugees under section 96 IRPA.

Citation
MB9-02352
Parties
Female Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX; Male Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 March 2021
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / De Novo Appeal Decision (reasons and Decision)
Outcome
Appeal allowed; RPD determination set aside and substituted; appellants granted refugee status under section 96 of the IRPA
Legal Topics
Internal Flight Alternative, Credibility, Persecution, Burden of Proof, State Protection, Compelling Reasons Exception
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Persecution Burden of Proof State Protection +1 more

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Parties

XXXX XXXX XXXX

Female Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Male Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / De Novo Appeal Decision (reasons and Decision)

Legal Issues

  1. 1 Whether a viable internal flight alternative (Cartagena) exists
  2. 2 Whether appellants established a serious possibility of persecution by the FARC
  3. 3 Assessment of credibility of appellants' testimony

Ratio Decidendi

The RAD found the appellants credible and, applying the correct burdens, concluded on a balance of probabilities that the FARC (including dissidents) retain sufficient ability and a sustained motivation to locate and harm the appellants throughout Colombia (including Cartagena) and that state protection is ineffective; therefore there is no safe internal flight alternative and the appeals are allowed, the RPD decision is set aside and appellants are refugees under section 96 IRPA.

Court Disposition

Appeal allowed; RPD determination set aside and substituted; appellants granted refugee status under section 96 of the IRPA

Orders

  • RPD determination set aside and replaced by RAD decision
  • Appeals allowed