TB5-03256

Claimants' claims are rejected because their credibility is undermined by a significant late amendment and inconsistencies, and they failed to rebut the presumption of state protection given their delay in reporting and objective country evidence showing Colombian authorities have mechanisms and some success against ELN and related groups.

Citation: TB5-03256
Parties: Principal Claimant: XXXX XXXX XXXX; Spouse: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 5 June 2015
Procedural Posture: Refugee Protection Claim Under IRPA / Hearing and Decision (panel Decision Dated June 5, 2015)
Outcome: Claims rejected
Legal Topics: State Protection, Credibility, Convention Refugee Determination, Nexus to Convention Grounds
Source Language: English

Immigration Law Refugee Law Asylum State Protection Credibility Convention Refugee Determination Nexus to Convention Grounds

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Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 3

Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Spouse

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (panel Decision Dated June 5, 2015)

Legal Issues

1 Credibility of claimants and late amendment to Basis of Claim
2 Availability and adequacy of state protection in Colombia
3 Whether claimants established nexus to Convention grounds

Ratio Decidendi

Court Disposition

Claims rejected

Orders

Claims rejected