TB2-14348

TB2-14348

Panel found claimants credible about their 2012 experiences but concluded those events and evidence of general racial discrimination did not amount to persecution nor establish nexus to a Convention ground; documentary evidence showed meaningful and effective changed circumstances (FARC disarmament and reincorporation, government control, ELN treated as criminal with temporary ceasefire) and adequate state protection, so on balance of probabilities there is no current risk of persecution, torture, death or cruel and unusual treatment and no compelling reasons to prohibit return.

Citation
TB2-14348
Parties
Claimant: XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 December 2018
Procedural Posture
Refugee Protection Claim (irpa Ss.96 and 97(1)) / Decision Following Merits Hearing
Outcome
Claims rejected; claimants are not Convention refugees nor persons in need of international protection
Legal Topics
Convention Refugee Status, Person in Need of Protection, Changed Circumstances, State Protection, Persecution Based on Race, Credibility Assessment, Compelling Reasons Exception
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Status Person in Need of Protection Changed Circumstances State Protection +3 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 and 97(1)) / Decision Following Merits Hearing

Legal Issues

  1. 1 Whether claimants are credible
  2. 2 Whether discrimination experienced amounts to persecution on the basis of race
  3. 3 Whether there is a nexus between alleged harm and a Convention ground

Ratio Decidendi

Panel found claimants credible about their 2012 experiences but concluded those events and evidence of general racial discrimination did not amount to persecution nor establish nexus to a Convention ground; documentary evidence showed meaningful and effective changed circumstances (FARC disarmament and reincorporation, government control, ELN treated as criminal with temporary ceasefire) and adequate state protection, so on balance of probabilities there is no current risk of persecution, torture, death or cruel and unusual treatment and no compelling reasons to prohibit return.

Court Disposition

Claims rejected; claimants are not Convention refugees nor persons in need of international protection