TB1-01434

TB1-01434

The claimants failed to rebut the presumption that Colombia can provide adequate state protection because they did not produce clear and convincing evidence of the state's inability or unwillingness to protect, they did not follow up or provide sufficient information for investigations, police had taken reasonable steps, and a viable internal flight alternative (Cali) exists; accordingly the claims are rejected.

Citation
TB1-01434
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Secondary Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 July 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (reasons and Decision)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
State Protection, Internal Flight Alternative, Convention Refugee Status, Victim of Criminality/extortion, Burden of Proof
Source Language
English
Immigration Refugee Law Human Rights Criminal Law Administrative Law State Protection Internal Flight Alternative Convention Refugee Status +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Secondary Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee
  2. 2 Whether the claimants are persons in need of protection under s.97(1) IRPA
  3. 3 Whether state protection in Colombia is inadequate on clear and convincing evidence

Ratio Decidendi

The claimants failed to rebut the presumption that Colombia can provide adequate state protection because they did not produce clear and convincing evidence of the state's inability or unwillingness to protect, they did not follow up or provide sufficient information for investigations, police had taken reasonable steps, and a viable internal flight alternative (Cali) exists; accordingly the claims are rejected.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee Protection Division rejects the refugee protection claims of the principal claimant, the secondary claimant and the minor claimant