MB9-10642

MB9-10642

The RPD decision was correct because the appellants failed to establish, by clear and convincing evidence, that the group that targeted them (Los Enchapuchados) was an ELN cell or otherwise a militant body such that state protection would be unavailable; documentary evidence did not corroborate the alleged link or recruitment profile and available country information indicated state protection in Bogota was adequate, therefore the appeal is dismissed and the RPD decision confirmed.

Citation
MB9-10642
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Spouse of Principal Appellant: XXXX XXXX XXXX XXXX; Adult Daughter of Principal Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 January 2020
Procedural Posture
Refugee Protection Appeal / Final Decision of Refugee Appeal Division
Outcome
Appeal dismissed and decision of the Refugee Protection Division confirmed
Legal Topics
State Protection, Credibility Assessment, Internal Flight Alternative, Forced Recruitment, Convention Refugee Status
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Credibility Assessment Internal Flight Alternative Forced Recruitment Convention Refugee Status

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Spouse of Principal Appellant

XXXX XXXX XXXX XXXX

Adult Daughter of Principal Appellant

Procedural Posture

Refugee Protection Appeal / Final Decision of Refugee Appeal Division

Legal Issues

  1. 1 Whether Los Enchapuchados (LE) is a cell of the ELN
  2. 2 Whether state protection was available to the appellants
  3. 3 Whether appellants provided clear and convincing evidence that state protection would be unavailable

Ratio Decidendi

The RPD decision was correct because the appellants failed to establish, by clear and convincing evidence, that the group that targeted them (Los Enchapuchados) was an ELN cell or otherwise a militant body such that state protection would be unavailable; documentary evidence did not corroborate the alleged link or recruitment profile and available country information indicated state protection in Bogota was adequate, therefore the appeal is dismissed and the RPD decision confirmed.

Court Disposition

Appeal dismissed and decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to section 111(1)(a) IRPA