TB2-07119

TB2-07119

The claimant was credible on facts but failed to rebut the presumption of adequate state protection; objective and contemporaneous documentary evidence established that Colombia has functioning protection mechanisms and has taken effective measures against FARC, therefore the claimant is neither a Convention refugee nor a person in need of protection under IRPA.

Citation
TB2-07119
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 June 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Decision and Reasons Issued
Outcome
Claim rejected: claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
State Protection, Convention Refugee Status, Person in Need of Protection, Gender Related Persecution
Source Language
English
Immigration Law Refugee Law Human Rights Law State Protection Convention Refugee Status Person in Need of Protection Gender Related Persecution

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Parties

XXXX XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision and Reasons Issued

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Whether adequate state protection is available in Colombia

Ratio Decidendi

The claimant was credible on facts but failed to rebut the presumption of adequate state protection; objective and contemporaneous documentary evidence established that Colombia has functioning protection mechanisms and has taken effective measures against FARC, therefore the claimant is neither a Convention refugee nor a person in need of protection under IRPA.

Court Disposition

Claim rejected: claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Refugee protection claim rejected