VA1-03655

VA1-03655

Claimant's evidence did not establish a personal, non‑generalized risk of death or cruel and unusual treatment in Colombia, documentary evidence was not probative, claimant's credibility and subjective fear were undermined by his conduct and omissions, and an internal flight alternative in other Colombian regions was reasonable and accessible; therefore the claim is rejected.

Citation
VA1-03655
Parties
Claimant: XXXXXXXXXXXXX; Claimant's Counsel: Kirk Olearnek; Refugee Protection Officer: Refugee Protection Officer; Panel Member: Paulah Dauns
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 May 2003
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (final Determination)
Outcome
Claim for refugee protection rejected; claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics
Internal Flight Alternative, Generalized Risk, Risk to Life and Cruel or Unusual Treatment, Credibility Assessment, Evidentiary Weight of Documents, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Generalized Risk Risk to Life and Cruel or Unusual Treatment Credibility Assessment Evidentiary Weight of Documents +1 more

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Parties

XXXXXXXXXXXXX

Claimant

Kirk Olearnek

Claimant's Counsel

Refugee Protection Officer

Refugee Protection Officer

Paulah Dauns

Panel Member

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (final Determination)

Legal Issues

  1. 1 Whether the claimant faces a personal risk to life or to cruel and unusual treatment on return to Colombia
  2. 2 Whether the risk alleged is generalized or personal
  3. 3 Whether an internal flight alternative within Colombia is available and accessible

Ratio Decidendi

Claimant's evidence did not establish a personal, non‑generalized risk of death or cruel and unusual treatment in Colombia, documentary evidence was not probative, claimant's credibility and subjective fear were undermined by his conduct and omissions, and an internal flight alternative in other Colombian regions was reasonable and accessible; therefore the claim is rejected.

Court Disposition

Claim for refugee protection rejected; claimant found not to be a Convention refugee and not a person in need of protection

Orders

  • Claim for refugee protection rejected