TB4-02117

TB4-02117

On the balance of probabilities the claimants failed to rebut the presumption of state protection because objective country evidence shows Colombia has made effective efforts against the FARC and the claimants did not give authorities a reasonable opportunity to protect them by repeatedly leaving after making police reports.

Citation
TB4-02117
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXXXXXX; Claimant: XXXX XXXX XXXX XXX; Claimant: XXXXX XXXX XXXX; Claimant: XXXX XXXXXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 June 2014
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97(1)) / Decision and Reasons (rpd Hearing Concluded)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection under sections 96 or 97(1) of the Immigration and Refugee Protection Act.
Legal Topics
State Protection, Credibility, Convention Refugee Status, Compelling Reasons (s.108(4) Irpa), Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights State Protection Credibility Convention Refugee Status Compelling Reasons (s.108(4) Irpa) +1 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXXXXXX

Claimant

XXXX XXXX XXXX XXX

Claimant

XXXXX XXXX XXXX

Claimant

XXXX XXXXXXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97(1)) / Decision and Reasons (rpd Hearing Concluded)

Legal Issues

  1. 1 Whether claimants are Convention refugees or persons in need of protection
  2. 2 Whether adequate state protection is available in Colombia against the FARC
  3. 3 Credibility of claimants' testimony and police-report evidence

Ratio Decidendi

On the balance of probabilities the claimants failed to rebut the presumption of state protection because objective country evidence shows Colombia has made effective efforts against the FARC and the claimants did not give authorities a reasonable opportunity to protect them by repeatedly leaving after making police reports.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection under sections 96 or 97(1) of the Immigration and Refugee Protection Act.

Orders

  • Refugee Protection Division rejects these claims