TB9-23557

TB9-23557

The RPD erred by speculating that the ELN lacked motivation or capacity to find the Appellants and by minimizing documentary and testimonial evidence showing targeted threats, assaults, vandalism and a funeral notice; given the ELN's documented nationwide reach, links with criminal groups and limited state protection, internal relocation was not reasonable or effective and the Appellants have a well-founded fear of persecution, so the RAD set aside the RPD decision and determined they are Convention refugees.

Citation
TB9-23557
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 November 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division; Substitution of RPD Determination
Outcome
Appeal allowed; RPD decision set aside and substituted: Appellants are Convention refugees.
Legal Topics
Internal Flight Alternative, Convention Refugee Status, State Protection, Particular Social Group, Political/paramilitary Violence (eln)
Source Language
English
Immigration Refugee Law Human Rights Internal Flight Alternative Convention Refugee Status State Protection Particular Social Group Political/paramilitary Violence (eln)

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division; Substitution of RPD Determination

Legal Issues

  1. 1 Whether the Appellants qualify as Convention refugees
  2. 2 Whether an internal flight alternative (IFA) to Sincelejo was available and reasonable
  3. 3 Whether state protection in Colombia was adequate

Ratio Decidendi

The RPD erred by speculating that the ELN lacked motivation or capacity to find the Appellants and by minimizing documentary and testimonial evidence showing targeted threats, assaults, vandalism and a funeral notice; given the ELN's documented nationwide reach, links with criminal groups and limited state protection, internal relocation was not reasonable or effective and the Appellants have a well-founded fear of persecution, so the RAD set aside the RPD decision and determined they are Convention refugees.

Court Disposition

Appeal allowed; RPD decision set aside and substituted: Appellants are Convention refugees.

Orders

  • Pursuant to s.111(1)(b) IRPA the RAD sets aside the RPD determination and substitutes its determination that the Appellants are Convention refugees.