TB1-18982

TB1-18982

The claimants failed to rebut the strong presumption of adequate state protection in Colombia with clear and convincing evidence (including failure to report threats and insufficient proof that the sister's murder was FARC‑related); documentary evidence demonstrated available protection mechanisms; therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB1-18982
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 December 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Refugee Protection Division Decision
Outcome
Refugee protection claims rejected; claimants not Convention refugees nor persons in need of protection
Legal Topics
State Protection, Credibility, Particular Social Group, Onus of Proof, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law State Protection Credibility Particular Social Group Onus of Proof Country Conditions

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Refugee Protection Division Decision

Legal Issues

  1. 1 Whether claimants are Convention refugees or persons in need of protection
  2. 2 Whether the Colombian state can provide adequate protection against FARC threats
  3. 3 Credibility of the principal claimant and evidentiary weight of documentary evidence

Ratio Decidendi

The claimants failed to rebut the strong presumption of adequate state protection in Colombia with clear and convincing evidence (including failure to report threats and insufficient proof that the sister's murder was FARC‑related); documentary evidence demonstrated available protection mechanisms; therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Refugee protection claims rejected; claimants not Convention refugees nor persons in need of protection

Orders

  • Refugee protection claims are rejected by the Refugee Protection Division