TA8-10428

TA8-10428

The claimant failed to prove a serious possibility of persecution because his parents and adult sister remain in Bogotá without evidence of FARC contact, there is no documentary corroboration of ongoing targeting, and internal relocation within Colombia was found reasonable; therefore the claim is rejected under ss.96 and 97 IRPA.

Citation
TA8-10428
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 June 2009
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Hearing — Oral Negative Decision Rendered; Written Reasons Issued
Outcome
Claim rejected by the Refugee Protection Division
Legal Topics
Persecution (family Members), Credibility Assessment, Internal Relocation/alternative, Failure to Seek Protection in Another Country, Political Opinion, Threats/extortion by Non State Actor (farc)
Source Language
English
Immigration Law Refugee Law Administrative Law Persecution (family Members) Credibility Assessment Internal Relocation/alternative Failure to Seek Protection in Another Country Political Opinion +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Hearing — Oral Negative Decision Rendered; Written Reasons Issued

Legal Issues

  1. 1 Whether the claimant faces a well-founded fear/serious possibility of persecution by FARC because of his perceived political opinion or family connection
  2. 2 Whether the claimant's evidence is credible
  3. 3 Whether internal flight alternative (relocation within Colombia) is reasonable and available

Ratio Decidendi

The claimant failed to prove a serious possibility of persecution because his parents and adult sister remain in Bogotá without evidence of FARC contact, there is no documentary corroboration of ongoing targeting, and internal relocation within Colombia was found reasonable; therefore the claim is rejected under ss.96 and 97 IRPA.

Court Disposition

Claim rejected by the Refugee Protection Division

Orders

  • Claim rejected pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act