TB0-14006

TB0-14006

The claimant failed to rebut the presumption of state protection with clear and convincing evidence and did not take reasonable steps to seek available state protection; contemporaneous country documentation demonstrates that Colombia can and does provide adequate protection in the claimant's circumstances, therefore the claimant is neither a Convention refugee nor a person in need of protection under sections 96 and 97 of IRPA.

Citation
TB0-14006
Parties
Claimant: XXXXXXXXXXXXXXXXXXX; Spouse: XXXXXXXXXXXXXXXXXXXXX; Daughter: XXXXXXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 September 2011
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97) / Hearing and Decision (refused by Rpd)
Outcome
Claim rejected by Refugee Protection Division; claimant is not a Convention refugee and not a person in need of protection; joined claims of spouse and daughter also rejected
Legal Topics
State Protection, Persecution, Convention Refugee Status, Exhaustion of Local Remedies, Country Conditions, Extortion, Guerrilla/insurgent Violence
Source Language
English
Immigration Law Refugee Law Public International Law Administrative Law Human Rights State Protection Persecution Convention Refugee Status +4 more

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Parties

XXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXXX

Spouse

XXXXXXXXXXXXXXXXXXXXX

Daughter

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97) / Hearing and Decision (refused by Rpd)

Legal Issues

  1. 1 Whether claimant faces persecution on a Convention ground
  2. 2 Whether state protection in Colombia is available and adequate
  3. 3 Whether claimant exhausted or reasonably sought state protection

Ratio Decidendi

The claimant failed to rebut the presumption of state protection with clear and convincing evidence and did not take reasonable steps to seek available state protection; contemporaneous country documentation demonstrates that Colombia can and does provide adequate protection in the claimant's circumstances, therefore the claimant is neither a Convention refugee nor a person in need of protection under sections 96 and 97 of IRPA.

Court Disposition

Claim rejected by Refugee Protection Division; claimant is not a Convention refugee and not a person in need of protection; joined claims of spouse and daughter also rejected

Orders

  • Refugee Protection Division rejects the refugee protection claim (Decision dated September 12, 2011)