TA8-15300

TA8-15300

On the evidence, primarily recent country reports and Board research, the claimants failed to prove on a balance of probabilities that state protection in Bogota would be inadequate or that relocation to Bogota would be unreasonable; accordingly Bogota is a viable IFA and the refugee claims are rejected pursuant to ss.96 and 97 of the IRPA.

Citation
TA8-15300
Parties
Claimant: XXXX XXXX XXXX XXXX; Spouse: XXXX XXXX XXXX XXXX; Dependent Child: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 October 2010
Procedural Posture
Refugee Protection Claim Under IRPA / Decision of Refugee Protection Division
Outcome
Refugee claims rejected
Legal Topics
Internal Flight Alternative, State Protection Adequacy, Well Founded Fear of Persecution, Burden of Proof, Compelling Reasons Not to Return
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative State Protection Adequacy Well Founded Fear of Persecution Burden of Proof Compelling Reasons Not to Return

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Spouse

XXXX XXXX

Dependent Child

Procedural Posture

Refugee Protection Claim Under IRPA / Decision of Refugee Protection Division

Legal Issues

  1. 1 Whether Bogota constitutes a viable internal flight alternative (IFA)
  2. 2 Whether state protection in Bogota would be adequate for the claimants
  3. 3 Whether the claimants established a well-founded fear of persecution

Ratio Decidendi

On the evidence, primarily recent country reports and Board research, the claimants failed to prove on a balance of probabilities that state protection in Bogota would be inadequate or that relocation to Bogota would be unreasonable; accordingly Bogota is a viable IFA and the refugee claims are rejected pursuant to ss.96 and 97 of the IRPA.

Court Disposition

Refugee claims rejected

Orders

  • Refugee Protection Division rejects the claims pursuant to ss.96 and 97 of the Immigration and Refugee Protection Act