TC1-00890

TC1-00890

The appeal is dismissed because, although past victimization by the FARC was established on a balance of probabilities, the evidence does not establish a real risk of future persecution to the Appellants given the lack of credible evidence for the contested 2018-2019 incidents and the reduced capacity and geographic influence of FARC dissidents post‑2016 making Bogota a viable internal flight alternative; therefore the RPD correctly concluded the Appellants are neither Convention refugees nor persons in need of protection.

Citation
TC1-00890
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 July 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Internal Flight Alternative, Convention Refugee Determination, Country Condition Evidence, Designation as Military Target
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Convention Refugee Determination Country Condition Evidence Designation as Military Target

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons)

Legal Issues

  1. 1 Whether the Appellants are credible regarding alleged incidents in 2018 and 2019
  2. 2 Whether there is a real risk of persecution or serious harm going forward
  3. 3 Whether an internal flight alternative in Bogota is available and viable

Ratio Decidendi

The appeal is dismissed because, although past victimization by the FARC was established on a balance of probabilities, the evidence does not establish a real risk of future persecution to the Appellants given the lack of credible evidence for the contested 2018-2019 incidents and the reduced capacity and geographic influence of FARC dissidents post‑2016 making Bogota a viable internal flight alternative; therefore the RPD correctly concluded the Appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed