TB5-00392

TB5-00392

Although the claimants were generally credible, they failed to rebut the presumption of state protection for Colombia: the principal claimant's unexplained delay in leaving, lack of reliable evidence of a nationwide strike preventing protection, and documentary material demonstrating Colombian state efforts against FARC/BACRIM together mean state protection would be reasonably forthcoming; therefore the claimants did not establish a serious possibility of persecution or risk of torture/cruel and unusual treatment and the refugee claims must be rejected.

Citation
TB5-00392
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Claimant (mother): XXXX XXXX XXXX XXXX; Respondent: Canada (Minister)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 March 2015
Procedural Posture
Refugee Claim (immigration and Refugee Protection Act Ss.96 and 97(1)) / Decision and Reasons (refugee Protection Division)
Outcome
Claims rejected
Legal Topics
State Protection, Credibility Assessment, Convention Refugee Status, Exhaustion of State Remedies, Risk Assessment
Source Language
English
Immigration Refugee Law Administrative Law State Protection Credibility Assessment Convention Refugee Status Exhaustion of State Remedies Risk Assessment

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Claimant (mother)

Canada (Minister)

Respondent

Procedural Posture

Refugee Claim (immigration and Refugee Protection Act Ss.96 and 97(1)) / Decision and Reasons (refugee Protection Division)

Legal Issues

  1. 1 Whether the principal claimant is a credible witness regarding alleged FARC threats and abduction
  2. 2 Whether state protection in Colombia was or would be reasonably available to the claimants
  3. 3 Whether the delay in leaving Colombia undermines the claimed risk

Ratio Decidendi

Although the claimants were generally credible, they failed to rebut the presumption of state protection for Colombia: the principal claimant's unexplained delay in leaving, lack of reliable evidence of a nationwide strike preventing protection, and documentary material demonstrating Colombian state efforts against FARC/BACRIM together mean state protection would be reasonably forthcoming; therefore the claimants did not establish a serious possibility of persecution or risk of torture/cruel and unusual treatment and the refugee claims must be rejected.

Court Disposition

Claims rejected

Orders

  • Refugee claims TB5-00392 and TB5-00393 are rejected
  • Decision and reasons signed by N. Stocks dated March 18, 2015