MB2-05136

MB2-05136

The panel accepted the claimants' credibility but found the harm arose from criminal/extortionate motives of the FARC, not a Convention ground; the claimants do not meet risk profiles or constitute continued valuable targets and Barranquilla is outside FARC influence, thus an internal flight alternative exists and the refugee protection claims are rejected.

Citation
MB2-05136
Parties
Principal Claimant: XXXX XXXX XXXX; Claimant (spouse): XXXX XXXX; Claimant (minor Child): XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 October 2014
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Reasons and Decision
Outcome
Claims for refugee protection rejected
Legal Topics
Nexus to Convention Grounds, Internal Flight Alternative, Membership in a Particular Social Group, Sexual Violence Against Women, Credibility Assessment, Section 97 IFA Analysis, Section 96 Refugee Definition
Source Language
English
Immigration Refugee Law Human Rights Nexus to Convention Grounds Internal Flight Alternative Membership in a Particular Social Group Sexual Violence Against Women Credibility Assessment +2 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX

Claimant (spouse)

XXXX XXXX XXXX XXXX

Claimant (minor Child)

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Reasons and Decision

Legal Issues

  1. 1 Whether there is nexus between claimed harm and a Convention ground
  2. 2 Whether family or women constitute a particular social group in these facts
  3. 3 Whether an internal flight alternative exists under s.97 of IRPA

Ratio Decidendi

The panel accepted the claimants' credibility but found the harm arose from criminal/extortionate motives of the FARC, not a Convention ground; the claimants do not meet risk profiles or constitute continued valuable targets and Barranquilla is outside FARC influence, thus an internal flight alternative exists and the refugee protection claims are rejected.

Court Disposition

Claims for refugee protection rejected

Orders

  • Claims for refugee protection rejected.