TB0-12882

TB0-12882

The objective documentary evidence establishes a durable and substantive change in Colombia following the 2016 peace agreement with FARC, combined with the claimants' lack of a high‑risk profile and presence of effective state protection, negates a well‑founded fear of persecution or risk to life/cruel and unusual treatment on return; therefore the claimants are not Convention refugees nor persons in need of protection.

Citation
TB0-12882
Parties
Principal Claimant: XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX; Joined Claimant (94 Year Old): XXXX XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 June 2019
Procedural Posture
Refugee Protection Redetermination / Redetermination Decision by Refugee Protection Division Following Federal Court Return Order
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection under sections 96 and 97(1) of IRPA
Legal Topics
Well Founded Fear, Change of Country Conditions, State Protection, Credibility Assessment, Peace Agreement Effects
Source Language
English
Immigration Law Refugee Law Human Rights Law Well Founded Fear Change of Country Conditions State Protection Credibility Assessment Peace Agreement Effects

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX

Joined Claimant (94 Year Old)

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Redetermination / Redetermination Decision by Refugee Protection Division Following Federal Court Return Order

Legal Issues

  1. 1 Whether claimants have a well-founded fear of persecution for a Convention ground on return to Colombia
  2. 2 Whether durable and effective change of country conditions (post‑2016 FARC peace accord) removes the risk on return
  3. 3 Whether adequate state protection exists in Colombia for these claimants

Ratio Decidendi

The objective documentary evidence establishes a durable and substantive change in Colombia following the 2016 peace agreement with FARC, combined with the claimants' lack of a high‑risk profile and presence of effective state protection, negates a well‑founded fear of persecution or risk to life/cruel and unusual treatment on return; therefore the claimants are not Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection under sections 96 and 97(1) of IRPA

Orders

  • Refugee claims dismissed
  • No removal‑related protective finding granted