TB3-06744

TB3-06744

The claimants failed to rebut the presumption of available state protection on the balance of probabilities because Colombia is not in a state of complete breakdown, documentary evidence demonstrates effective government efforts against guerrilla groups, and the claimants did not seek domestic protection; therefore they are neither Convention refugees nor persons in need of protection under sections 96 or 97 of IRPA.

Citation
TB3-06744
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXXXXXX XXXX XXXX XXXX; Claimant: XXXXXXXX XXXX XXXX; Counsel: Jack Davis; Interpreter: J. Blanes; Member: M. Dookun
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 November 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing — Reasons for Decision (final)
Outcome
Claims rejected
Legal Topics
State Protection, Credibility, Forced Recruitment, Persecution, Convention Refugee Determination, Burden of Proof
Source Language
English
Immigration Law Refugee Law International Protection State Protection Credibility Forced Recruitment Persecution Convention Refugee Determination +1 more

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Parties

XXXX XXXX XXXX

Claimant

XXXXXXXX XXXX XXXX XXXX

Claimant

XXXXXXXX XXXX XXXX

Claimant

Jack Davis

Counsel

J. Blanes

Interpreter

M. Dookun

Member

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing — Reasons for Decision (final)

Legal Issues

  1. 1 Whether the claimants have a well‑founded fear of persecution by ELN/FARC
  2. 2 Whether state protection in Colombia is available and effective
  3. 3 Whether the claimants rebutted the presumption of state protection with clear and convincing evidence

Ratio Decidendi

The claimants failed to rebut the presumption of available state protection on the balance of probabilities because Colombia is not in a state of complete breakdown, documentary evidence demonstrates effective government efforts against guerrilla groups, and the claimants did not seek domestic protection; therefore they are neither Convention refugees nor persons in need of protection under sections 96 or 97 of IRPA.

Court Disposition

Claims rejected

Orders

  • Refugee Protection Division rejects the claims; claimants are not Convention refugees nor persons in need of protection under sections 96 or 97 of the Immigration and Refugee Protection Act