TC1-08546

TC1-08546

Although the RPD incorrectly described the agent of persecution as paramilitaries, correcting that to FARC does not alter the outcome because the appellants failed to provide sufficient, credible and reliable evidence that the Principal Appellant founded the alleged movement, that the movement had sufficient profile or duration to attract FARC attention, or that the anonymous threat letter was from FARC; material inconsistencies in the Basis of Claim and inadequate independent corroboration fatally undermined the claim, so the appeal is dismissed.

Citation
TC1-08546
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 December 2021
Procedural Posture
Refugee Appeal From Refugee Protection Division Decision / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division dated June 18, 2021 confirmed; appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, Agent of Persecution, State Protection, Procedural Fairness, New Evidence / Oral Hearing
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Agent of Persecution State Protection Procedural Fairness New Evidence / Oral Hearing

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal From Refugee Protection Division Decision / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether RPD misidentified the agent of persecution (paramilitaries v. FARC)
  2. 2 Whether appellants' credibility supports claim that Principal Appellant founded the movement and was targeted
  3. 3 Whether there is sufficient evidence that FARC was aware of and targeted the Principal Appellant

Ratio Decidendi

Although the RPD incorrectly described the agent of persecution as paramilitaries, correcting that to FARC does not alter the outcome because the appellants failed to provide sufficient, credible and reliable evidence that the Principal Appellant founded the alleged movement, that the movement had sufficient profile or duration to attract FARC attention, or that the anonymous threat letter was from FARC; material inconsistencies in the Basis of Claim and inadequate independent corroboration fatally undermined the claim, so the appeal is dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division dated June 18, 2021 confirmed; appellants are neither Convention refugees nor persons in need of protection.

Orders

  • No new evidence admitted