TB7-25077

TB7-25077

The panel rejected the claims because the claimants failed to establish, on the balance of probabilities, a nexus between the alleged persecution and a Convention ground or that the agents were members of the FARC; the evidence established criminal extortion rather than persecution for a protected ground and the s.97(1)(b) test was not met due to lack of objective evidence and unresolved credibility, therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB7-25077
Parties
Associate Claimant: XXXX XXXX XXXX; Principal Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 July 2020
Procedural Posture
Refugee Protection Claim Under IRPA (convention Refugee and S.97 Protection) / Hearing and Decision (rpd Reasons and Decision)
Outcome
Claims rejected
Legal Topics
Asylum, Convention Refugee Determination, Person in Need of Protection (s.97), Credibility Assessment, Nexus to Protected Ground, Extortion Vs Political Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Asylum Convention Refugee Determination Person in Need of Protection (s.97) Credibility Assessment Nexus to Protected Ground +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Associate Claimant

XXXX XXXX XXXX

Principal Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA (convention Refugee and S.97 Protection) / Hearing and Decision (rpd Reasons and Decision)

Legal Issues

  1. 1 Whether claimants have nexus to a Convention ground
  2. 2 Whether agents of persecution were members of FARC
  3. 3 Credibility of deceased principal claimant's assertions

Ratio Decidendi

The panel rejected the claims because the claimants failed to establish, on the balance of probabilities, a nexus between the alleged persecution and a Convention ground or that the agents were members of the FARC; the evidence established criminal extortion rather than persecution for a protected ground and the s.97(1)(b) test was not met due to lack of objective evidence and unresolved credibility, therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected

Orders

  • The claims are rejected.