TB2-15863

TB2-15863

The claimants failed to rebut the presumption of state protection with clear and convincing evidence and did not exhaust or follow up with available state remedies; on the balance of probabilities Colombia provides adequate state protection, therefore the claimants are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97(1) IRPA.

Citation
TB2-15863
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 March 2013
Procedural Posture
Refugee Protection Claim / Decision After Hearing (reasons and Decision)
Outcome
Claims dismissed; principal and minor claimants are not Convention refugees under section 96 IRPA and are not persons in need of protection under section 97(1) IRPA.
Legal Topics
State Protection, Convention Refugee Status, Exhaustion of Domestic Remedies, Gender Related Persecution
Source Language
English
Immigration Law Refugee Law Human Rights State Protection Convention Refugee Status Exhaustion of Domestic Remedies Gender Related Persecution

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision After Hearing (reasons and Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of IRPA
  2. 2 Whether claimants are persons in need of protection under section 97(1) of IRPA
  3. 3 Whether state protection is available and was exhausted or reasonably available in Colombia

Ratio Decidendi

The claimants failed to rebut the presumption of state protection with clear and convincing evidence and did not exhaust or follow up with available state remedies; on the balance of probabilities Colombia provides adequate state protection, therefore the claimants are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97(1) IRPA.

Court Disposition

Claims dismissed; principal and minor claimants are not Convention refugees under section 96 IRPA and are not persons in need of protection under section 97(1) IRPA.

Orders

  • Principal claimant's refugee claim dismissed
  • Minor claimant's refugee claim dismissed