TA0-19998

TA0-19998

On the balance of probabilities the panel found the FARC letters to be inauthentic but accepted that the claimant was kidnapped and threatened by persons purporting to be FARC or by criminal groups working with FARC; given country evidence of rampant kidnapping/extortion and ineffective state protection, and the claimant's credible explanations for not claiming in the U.S. or Panama, the panel concluded the claimant has a well‑founded fear of persecution or is at risk to life and is therefore a Convention refugee or person in need of protection.

Citation
TA0-19998
Parties
Claimant: XXXXXXXXXXXXXXXXX; Refugee Protection Officer: B. Sachs-Syer; Minister's Counsel: Eli Mogil
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 August 2003
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision After Hearing
Outcome
Claim allowed; claimant accepted as a Convention refugee or as a person at risk to life in Colombia
Legal Topics
Persecution, State Protection, Internal Flight Alternative, Credibility and Evidence Authenticity, Failure to Claim in First Safe Country, Kidnapping and Extortion, Nationality Determination
Source Language
English
Immigration Refugee Law Nationality Law Administrative Law Persecution State Protection Internal Flight Alternative Credibility and Evidence Authenticity +3 more

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Parties

XXXXXXXXXXXXXXXXX

Claimant

B. Sachs-Syer

Refugee Protection Officer

Eli Mogil

Minister's Counsel

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision After Hearing

Legal Issues

  1. 1 Nationality of claimant (Jordanian/Panamanian)
  2. 2 Credibility of claimant's account
  3. 3 Authenticity of FARC letters

Ratio Decidendi

On the balance of probabilities the panel found the FARC letters to be inauthentic but accepted that the claimant was kidnapped and threatened by persons purporting to be FARC or by criminal groups working with FARC; given country evidence of rampant kidnapping/extortion and ineffective state protection, and the claimant's credible explanations for not claiming in the U.S. or Panama, the panel concluded the claimant has a well‑founded fear of persecution or is at risk to life and is therefore a Convention refugee or person in need of protection.

Court Disposition

Claim allowed; claimant accepted as a Convention refugee or as a person at risk to life in Colombia

Orders

  • Claimant's refugee protection claim accepted; claimant determined to be a Convention refugee or person in need of protection due to risk from persons purporting to be FARC or criminal groups linked to FARC
  • No viable internal flight alternative and state protection in Colombia found inadequate