TB3-06509

TB3-06509

The claimant failed to rebut the presumption of adequate state protection in Colombia with clear and convincing evidence; Colombia is not in a state of breakdown, the claimant did not pursue available domestic protection and there are credibility defects in her evidence; therefore she is not a Convention refugee nor a person in need of protection under ss.96 or 97 IRPA.

Citation
TB3-06509
Parties
Claimant: XXXX XXXX XXXX; Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 May 2014
Procedural Posture
Refugee Protection Claim (irpa S.96 and S.97) / Merits Hearing and Decision
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection under sections 96 or 97 of the IRPA.
Legal Topics
State Protection, Credibility Assessment, Convention Refugee Status, Risk of Torture/cruel and Unusual Treatment, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Credibility Assessment Convention Refugee Status Risk of Torture/cruel and Unusual Treatment Burden of Proof

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Parties

XXXX XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Refugee Protection Claim (irpa S.96 and S.97) / Merits Hearing and Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or person in need of protection under ss.96/97 IRPA
  2. 2 Whether adequate state protection in Colombia is available to the claimant
  3. 3 Whether the claimant rebutted the presumption of state protection with clear and convincing evidence

Ratio Decidendi

The claimant failed to rebut the presumption of adequate state protection in Colombia with clear and convincing evidence; Colombia is not in a state of breakdown, the claimant did not pursue available domestic protection and there are credibility defects in her evidence; therefore she is not a Convention refugee nor a person in need of protection under ss.96 or 97 IRPA.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection under sections 96 or 97 of the IRPA.

Orders

  • Claim dismissed
  • No protection granted under sections 96 or 97 IRPA