TB0-06900

TB0-06900

The claimants failed to rebut the presumption of adequate state protection in Colombia with clear and convincing evidence; credibility issues and the belated reporting of incidents undermined their allegations; documentary evidence shows significant state efforts against FARC and available protection programs; therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB0-06900
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Claimant/designated Representative: XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 October 2012
Procedural Posture
Refugee Protection (irpa Ss.96,97) / Hearing and Decision
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
State Protection, Credibility Assessment, Convention Refugee Status, Risk of Persecution, Torture
Source Language
English
Immigration Refugee Law Asylum Human Rights State Protection Credibility Assessment Convention Refugee Status Risk of Persecution +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Claimant/designated Representative

XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection (irpa Ss.96,97) / Hearing and Decision

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether the claimants are persons in need of protection
  3. 3 Whether there is adequate state protection in Colombia

Ratio Decidendi

The claimants failed to rebut the presumption of adequate state protection in Colombia with clear and convincing evidence; credibility issues and the belated reporting of incidents undermined their allegations; documentary evidence shows significant state efforts against FARC and available protection programs; therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the claims for refugee protection.