MC1-02725

MC1-02725

Appeal dismissed because appellants failed to prove on a balance of probabilities that the Casanare ELN would pursue them to Barranquilla or Cartagena or that relocation there would be unreasonable; RPD correctly found viable IFAs and no Convention refugee or protected person status.

Citation
MC1-02725
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant (spouse): XXXX XXXX XXXX XXXX; Associate Appellant (daughter): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 September 2021
Procedural Posture
Refugee Protection Appeal / Decision by Refugee Appeal Division (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Determination, Persecution, Non‑state Actors (eln), State Protection, Burden of Proof
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Determination Persecution Non‑state Actors (eln) State Protection +1 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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX XXXX

Associate Appellant (daughter)

Procedural Posture

Refugee Protection Appeal / Decision by Refugee Appeal Division (reasons for Decision)

Legal Issues

  1. 1 Whether there is a reasonable internal flight alternative (IFA) in Barranquilla or Cartagena
  2. 2 Whether appellants face a serious risk of persecution by the Casanare ELN in the proposed IFAs
  3. 3 Whether appellants discharged the burden of proof to rebut an IFA

Ratio Decidendi

Appeal dismissed because appellants failed to prove on a balance of probabilities that the Casanare ELN would pursue them to Barranquilla or Cartagena or that relocation there would be unreasonable; RPD correctly found viable IFAs and no Convention refugee or protected person status.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; the Refugee Protection Division's determination that the appellants are not Convention refugees or persons in need of protection is confirmed.