VB6-04582

VB6-04582

Although the claimants' evidence was found credible and corroborated in part, the tribunal concluded on the balance of probabilities that an internal flight alternative to cities such as Cali or Medellín was available and reasonable because the Black Eagles are fragmented, largely local in operation and lack the capacity to track the claimants nationwide, and the claimants do not belong to a protected profile; therefore there is no serious possibility of persecution and the claims under ss.96 and 97 fail.

Citation
VB6-04582
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 February 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Reasons for Decision (hearing Concluded)
Outcome
Claims dismissed; claimants are not Convention refugees or persons in need of protection under sections 96 or 97 of the Immigration and Refugee Protection Act.
Legal Topics
Internal Flight Alternative, Extortion, Credibility, Persecution, Forced Recruitment
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Extortion Credibility Persecution Forced Recruitment

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associate Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Reasons for Decision (hearing Concluded)

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees under section 96 of the IRPA
  2. 2 Whether the claimants are persons in need of protection under section 97 of the IRPA
  3. 3 Whether an internal flight alternative (IFA) to cities such as Cali or Medellín is available and reasonable

Ratio Decidendi

Although the claimants' evidence was found credible and corroborated in part, the tribunal concluded on the balance of probabilities that an internal flight alternative to cities such as Cali or Medellín was available and reasonable because the Black Eagles are fragmented, largely local in operation and lack the capacity to track the claimants nationwide, and the claimants do not belong to a protected profile; therefore there is no serious possibility of persecution and the claims under ss.96 and 97 fail.

Court Disposition

Claims dismissed; claimants are not Convention refugees or persons in need of protection under sections 96 or 97 of the Immigration and Refugee Protection Act.