MA9-08403

MA9-08403

The panel concluded the claimant lacked credibility due to implausible explanations, failure to seek protection in the United States despite opportunity, and objective evidence (passport stamp) indicating return to Colombia in 2007; accordingly the claimant failed to establish a well-founded fear of persecution or risk to life and the protection claim was rejected.

Citation
MA9-08403
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 March 2011
Procedural Posture
Refugee Protection Claim (convention Refugee/person in Need of Protection) / Merits Hearing Decision (rpd)
Outcome
Refugee protection claim rejected; claimant is not a Convention refugee or a person in need of protection.
Legal Topics
Forced Recruitment by Armed Group (farc), Threats, Failure to Seek Protection in Another Country (united States), Return to Country of Nationality (reavailment), Credibility Assessment, Convention Refugee Determination, Colombia
Source Language
English
Immigration Refugee Law Administrative Law Forced Recruitment by Armed Group (farc) Threats Failure to Seek Protection in Another Country (united States) Return to Country of Nationality (reavailment) Credibility Assessment +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee/person in Need of Protection) / Merits Hearing Decision (rpd)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under IRPA
  2. 2 Whether claimant faces a risk of persecution by FARC
  3. 3 Whether claimant's credibility undermines the protection claim

Ratio Decidendi

The panel concluded the claimant lacked credibility due to implausible explanations, failure to seek protection in the United States despite opportunity, and objective evidence (passport stamp) indicating return to Colombia in 2007; accordingly the claimant failed to establish a well-founded fear of persecution or risk to life and the protection claim was rejected.

Court Disposition

Refugee protection claim rejected; claimant is not a Convention refugee or a person in need of protection.

Orders

  • Refugee protection claim rejected.