TB1-11133

TB1-11133

The claimants' testimony was found not credible on key points and they failed to seek available state protection; because they did not rebut the presumption of adequate state protection in Colombia with clear and convincing evidence, they are neither Convention refugees nor persons in need of protection, and their claims are rejected.

Citation
TB1-11133
Parties
Claimant: XXXXXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 May 2012
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act, Ss.96 & 97(1)) / Decision (reasons and Decision Dated May 24, 2012)
Outcome
Refugee protection claims rejected; claimants found not to be Convention refugees or persons in need of protection.
Legal Topics
State Protection, Credibility Assessment, Extortion, FARC, Convention Refugee, Torture
Source Language
English
Immigration Refugee Law Administrative Law Human Rights State Protection Credibility Assessment Extortion FARC +2 more

Case Brief

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Parties

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Claimant

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Claimant

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Claimant

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Claimant

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act, Ss.96 & 97(1)) / Decision (reasons and Decision Dated May 24, 2012)

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees
  2. 2 Whether the claimants are persons in need of protection under IRPA
  3. 3 Whether state protection in Colombia is reasonably available to the claimants

Ratio Decidendi

The claimants' testimony was found not credible on key points and they failed to seek available state protection; because they did not rebut the presumption of adequate state protection in Colombia with clear and convincing evidence, they are neither Convention refugees nor persons in need of protection, and their claims are rejected.

Court Disposition

Refugee protection claims rejected; claimants found not to be Convention refugees or persons in need of protection.

Orders

  • Refugee protection claims of the four claimants are rejected by the Refugee Protection Division.