TB4-10752

TB4-10752

Claimants failed to rebut the presumption of effective state protection in Colombia: objective evidence shows state efforts against FARC and available protection programs, and the principal claimant failed to take reasonable steps to seek or follow up on protection and displayed credibility-detracting conduct (including failure to report the initial attack and failing to seek protection in the US), therefore the claims do not meet the tests under sections 96 and 97(1) IRPA and are rejected.

Citation
TB4-10752
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 March 2015
Procedural Posture
Refugee Protection Claim (irpa Ss.96 and 97(1)) / Merits Hearing and Decision (refugee Protection Division)
Outcome
Claims rejected
Legal Topics
State Protection, Credibility Assessment, Convention Refugee Determination, Risk of Torture and Cruel or Unusual Treatment, Internal Flight/relocation
Source Language
English
Immigration Law Refugee Law Human Rights Law State Protection Credibility Assessment Convention Refugee Determination Risk of Torture and Cruel or Unusual Treatment Internal Flight/relocation

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 and 97(1)) / Merits Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants face persecution on a Convention ground
  2. 2 Whether Colombian state protection is available and effective
  3. 3 Credibility of the principal claimant and evidentiary weight of his conduct

Ratio Decidendi

Claimants failed to rebut the presumption of effective state protection in Colombia: objective evidence shows state efforts against FARC and available protection programs, and the principal claimant failed to take reasonable steps to seek or follow up on protection and displayed credibility-detracting conduct (including failure to report the initial attack and failing to seek protection in the US), therefore the claims do not meet the tests under sections 96 and 97(1) IRPA and are rejected.

Court Disposition

Claims rejected

Orders

  • Claims rejected; claimants are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) of IRPA