VB9-01953

VB9-01953

The claimants have access to Colombian citizenship by birth and acquisition via mere formalities; they failed to demonstrate significant impediments or reasonable efforts to acquire that citizenship; their asserted risks in Colombia are speculative and general rather than personal; therefore they are not Convention refugees under s.96 nor persons in need of protection under s.97 of the Act.

Citation
VB9-01953
Parties
Claimant (principal): XXXX XXXX XXXX XXXX XXXX; Claimant (associate): XXXX XXXX XXXX XXXX; Claimant (minor): XXXX XXXX XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 June 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (rpd Decision)
Outcome
Claims rejected by the Refugee Protection Division; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Country of Reference, Access to Foreign Citizenship, Adjournment and Disclosure (ndp), Credibility and Forward Looking Risk, Section 96 Convention Refugee, Section 97 Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Citizenship Law Administrative Law Country of Reference Access to Foreign Citizenship Adjournment and Disclosure (ndp) Credibility and Forward Looking Risk +2 more

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Parties

XXXX XXXX XXXX XXXX XXXX

Claimant (principal)

XXXX XXXX XXXX XXXX

Claimant (associate)

XXXX XXXX XXXX XXXX

Claimant (minor)

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Final Decision (rpd Decision)

Legal Issues

  1. 1 Whether claimants have access to Colombian citizenship (country of reference)
  2. 2 Whether claimants face a serious possibility of persecution in Colombia on a Convention ground
  3. 3 Whether claimants face a personal risk under s.97 of the IRPA in Colombia

Ratio Decidendi

The claimants have access to Colombian citizenship by birth and acquisition via mere formalities; they failed to demonstrate significant impediments or reasonable efforts to acquire that citizenship; their asserted risks in Colombia are speculative and general rather than personal; therefore they are not Convention refugees under s.96 nor persons in need of protection under s.97 of the Act.

Court Disposition

Claims rejected by the Refugee Protection Division; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Refugee protection claims of the claimants are rejected (no protection granted)