TA9-11302

TA9-11302

The panel rejected the claim because the claimant was found not credible, his claimed subjective fear was undermined by inconsistent statements, significant travel and return to Colombia (reavailment), lack of corroboration linking incidents to FARC/paramilitaries, and no objective basis was established that he faces persecution or a risk to life/cruel treatment; therefore he is neither a Convention refugee nor a person in need of protection under ss.97(1)(a) or 97(1)(b) IRPA.

Citation
TA9-11302
Parties
Claimant/asylum Seeker: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 January 2011
Procedural Posture
Refugee Protection (irpa) / Final Decision (hearing Concluded Jan 26, 2011)
Outcome
Claim rejected; not a Convention refugee and not a person in need of protection under ss.97(1)(a) or 97(1)(b) IRPA
Legal Topics
Refugee Protection, Convention Refugee, Person in Need of Protection, Credibility, Political Opinion, Guerilla Warfare, Abduction, Failure to Seek Protection in Other Countries, Reavailment, Colombia
Source Language
English
Immigration and Refugee Law Refugee Protection Convention Refugee Person in Need of Protection Credibility Political Opinion Guerilla Warfare Abduction +3 more

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Parties

XXXX XXXX XXXX XXXX

Claimant/asylum Seeker

Procedural Posture

Refugee Protection (irpa) / Final Decision (hearing Concluded Jan 26, 2011)

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Subjective fear of persecution
  3. 3 Objective well‑foundedness of fear

Ratio Decidendi

The panel rejected the claim because the claimant was found not credible, his claimed subjective fear was undermined by inconsistent statements, significant travel and return to Colombia (reavailment), lack of corroboration linking incidents to FARC/paramilitaries, and no objective basis was established that he faces persecution or a risk to life/cruel treatment; therefore he is neither a Convention refugee nor a person in need of protection under ss.97(1)(a) or 97(1)(b) IRPA.

Court Disposition

Claim rejected; not a Convention refugee and not a person in need of protection under ss.97(1)(a) or 97(1)(b) IRPA

Orders

  • Refugee Protection Division rejects claimant's application for refugee protection