TA9-00499

TA9-00499

The panel rejected the claims because it found the principal claimant's account not credible in material respects, concluded that Bogota is a viable internal flight alternative, and determined that any risk alleged is generalized and excluded under s.97(1)(b); accordingly the claimants are neither Convention refugees nor persons in need of protection.

Citation
TA9-00499
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX; Co Claimant (spouse): XXXXX XXXXX XXXXX XXXXX; Minor Claimant (son): XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 November 2009
Procedural Posture
Refugee Protection Claim (irpa Ss.96 and 97(1)) / Decision Issued (reasons and Decision)
Outcome
Claims rejected; claimants not Convention refugees and not persons in need of protection under IRPA
Legal Topics
Credibility, Internal Flight Alternative, Generalized Risk, Failure to Seek Protection in Another Country, Nexus to Armed Group, Well Founded Fear, Exclusion Under IRPA S.97(1)(b)
Source Language
English
Immigration Law Refugee Law Asylum Law Credibility Internal Flight Alternative Generalized Risk Failure to Seek Protection in Another Country Nexus to Armed Group +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Co Claimant (spouse)

XXXXX XXXXX XXXXX XXXXX

Minor Claimant (son)

Procedural Posture

Refugee Protection Claim (irpa Ss.96 and 97(1)) / Decision Issued (reasons and Decision)

Legal Issues

  1. 1 Whether the claimants' fear is credible and well founded
  2. 2 Whether an internal flight alternative to Bogota is viable
  3. 3 Whether the risk alleged is a generalized risk excluded by s.97(1)(b)

Ratio Decidendi

The panel rejected the claims because it found the principal claimant's account not credible in material respects, concluded that Bogota is a viable internal flight alternative, and determined that any risk alleged is generalized and excluded under s.97(1)(b); accordingly the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants not Convention refugees and not persons in need of protection under IRPA

Orders

  • Refugee protection claims dismissed (rejected)