MB9-11230

MB9-11230

Appeal dismissed because the evidence is insufficient to establish on a balance of probabilities that the unknown individuals who threatened the Appellants were associated with the employer/company alleged, and the Appellants have a viable internal flight alternative in Barranquilla; therefore they are neither Convention refugees nor persons in need of protection.

Citation
MB9-11230
Parties
Appellants: XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX (daughter), XXXX XXXX XXXX XXXX XXXX (mother); Panel / Decision‑maker: Me Jo-Anne Pickel; Counsel for Appellants: Me Luis Alberto Vasquez Martinez; Designated Representative: XXXX XXXX XXXX XXXX; Counsel for the Minister: N/A
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 March 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal / Reasons for Decision
Outcome
Appeal dismissed; decision of the RPD confirmed
Legal Topics
Internal Flight Alternative, Agents of Harm, Credibility, Person in Need of Protection, Refugee Convention Nexus
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Agents of Harm Credibility Person in Need of Protection Refugee Convention Nexus

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Parties

XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX (daughter), XXXX XXXX XXXX XXXX XXXX (mother)

Appellants

Me Jo-Anne Pickel

Panel / Decision‑maker

Me Luis Alberto Vasquez Martinez

Counsel for Appellants

XXXX XXXX XXXX XXXX

Designated Representative

N/A

Counsel for the Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal / Reasons for Decision

Legal Issues

  1. 1 Whether the agents of harm were linked to the employer/company alleged by the Appellants
  2. 2 Whether the Appellants have a viable internal flight alternative in Barranquilla
  3. 3 Whether the Appellants are Convention refugees or persons in need of protection

Ratio Decidendi

Appeal dismissed because the evidence is insufficient to establish on a balance of probabilities that the unknown individuals who threatened the Appellants were associated with the employer/company alleged, and the Appellants have a viable internal flight alternative in Barranquilla; therefore they are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; decision of the RPD confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed; Appellants are neither Convention refugees nor persons in need of protection