TB5-01200

The Tribunal rejected the claims because the claimants' allegations were found not credible or plausible, there was no established nexus to a Convention ground (they were victims of ordinary crime or vendetta), and objective documentary evidence showed Colombia can provide adequate state protection; accordingly the claimants are neither Convention refugees nor persons in need of protection.

Citation: TB5-01200
Parties: Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 23 April 2015
Procedural Posture: Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision and Reasons (final)
Outcome: claims rejected
Legal Topics: State Protection, Credibility Assessment, Nexus to Protected Ground, Convention Refugee Definition, Section 96 and Section 97 IRPA
Source Language: English

Immigration Law Refugee Law Administrative Law State Protection Credibility Assessment Nexus to Protected Ground Convention Refugee Definition Section 96 and Section 97 IRPA

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision and Reasons (final)

Legal Issues

1 whether claimants are members of a particular social group or otherwise meet section 96
2 whether claimants' testimony is credible
3 whether adequate state protection is available in Colombia under section 97

Ratio Decidendi

Court Disposition

claims rejected

Orders

Claimants' refugee protection claims denied; claimants are neither Convention refugees nor persons in need of protection