TA9-17752

TA9-17752

The claimant failed to rebut the presumption of available state protection in Colombia with clear and convincing evidence; he did not seek protection in a timely or adequate manner (notably filing a denunciation four days before departing), and objective country evidence shows Colombia is making serious efforts and has institutions capable of providing protection, therefore the refugee protection claim is rejected.

Citation
TA9-17752
Parties
Principal Claimant: XXXX XXXXX XXXXXX XXXXX; Co Claimant (spouse): XXXX XXXXX XXXXXX XXXXX; Minor Claimant (child): XXXXX XXXXX XXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 June 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision by Refugee Protection Division (claim Denied)
Outcome
Claims rejected
Legal Topics
State Protection, Convention Refugee Status, Extortion, Non State Actors (farc), Exhaustion of Local Remedies
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights State Protection Convention Refugee Status Extortion Non State Actors (farc) +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

XXXX XXXXX XXXXXX XXXXX

Principal Claimant

XXXX XXXXX XXXXXX XXXXX

Co Claimant (spouse)

XXXXX XXXXX XXXXXX

Minor Claimant (child)

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision by Refugee Protection Division (claim Denied)

Legal Issues

  1. 1 Whether the principal claimant is a Convention refugee or person in need of protection
  2. 2 Whether state protection in Colombia is available and effective
  3. 3 Whether the claimant exhausted or reasonably sought state protection before leaving

Ratio Decidendi

The claimant failed to rebut the presumption of available state protection in Colombia with clear and convincing evidence; he did not seek protection in a timely or adequate manner (notably filing a denunciation four days before departing), and objective country evidence shows Colombia is making serious efforts and has institutions capable of providing protection, therefore the refugee protection claim is rejected.

Court Disposition

Claims rejected

Orders

  • Refugee Protection Division rejects the claims of the principal claimant, the co-claimant and the minor claimants