TA3-24983

TA3-24983

The tribunal found the principal claimant credible and established on a balance of probabilities that she faces a well-founded fear of persecution by the FARC for a perceived political opinion, that her son is at risk as a family member (particular social group), that Colombian authorities cannot provide effective protection, and that no safe internal flight alternative exists; therefore both claimants qualify as Convention refugees.

Citation
TA3-24983
Parties
Principal Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX; Dependent Claimant (son): XXXXX XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 February 2005
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Claims allowed; claimants recognized as Convention refugees
Legal Topics
Convention Refugee, Persecution, Political Opinion, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Country of Origin Information
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Persecution Political Opinion Particular Social Group +4 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX XXXXX

Dependent Claimant (son)

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether claimants have a well-founded fear of persecution by the FARC in Colombia
  2. 2 Whether the principal claimant's perceived political opinion grounds refugee protection
  3. 3 Whether the son qualifies as a member of a particular social group (family member)

Ratio Decidendi

The tribunal found the principal claimant credible and established on a balance of probabilities that she faces a well-founded fear of persecution by the FARC for a perceived political opinion, that her son is at risk as a family member (particular social group), that Colombian authorities cannot provide effective protection, and that no safe internal flight alternative exists; therefore both claimants qualify as Convention refugees.

Court Disposition

Claims allowed; claimants recognized as Convention refugees

Orders

  • Claims for refugee protection accepted and both claimants declared Convention refugees