TC1-04203

TC1-04203

The appeal is dismissed because, on independent review, the Appellants failed to establish a serious possibility of persecution or a balance of probabilities risk of harm in Colombia; the documentary and testimonial evidence, including diminished FARC presence and absence from Cartagena, support a viable internal flight alternative in Cartagena and significant adverse credibility findings undermine the Appellants' claims.

Citation
TC1-04203
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Female Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 November 2021
Procedural Posture
Refugee Appeal / Refugee Appeal Division Reasons for Decision (dismissal)
Outcome
Appeal dismissed; Appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Credibility Assessment, Convention Refugee Determination, Risk of Persecution, Child Refugee Claimant Guideline
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Convention Refugee Determination Risk of Persecution Child Refugee Claimant Guideline

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Female Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / Refugee Appeal Division Reasons for Decision (dismissal)

Legal Issues

  1. 1 Whether the Appellants face a serious possibility of persecution or risk of harm in Colombia
  2. 2 Whether there is a viable internal flight alternative (IFA) in Cartagena
  3. 3 Whether the Appellants' evidence is credible and consistent

Ratio Decidendi

The appeal is dismissed because, on independent review, the Appellants failed to establish a serious possibility of persecution or a balance of probabilities risk of harm in Colombia; the documentary and testimonial evidence, including diminished FARC presence and absence from Cartagena, support a viable internal flight alternative in Cartagena and significant adverse credibility findings undermine the Appellants' claims.

Court Disposition

Appeal dismissed; Appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act (IRPA)