MC2-25069

MC2-25069

Because the appellants are Colombian citizens and the objective record shows government regularization measures and differential treatment between undocumented Venezuelan migrants and Colombians with Venezuelan origins, the discrimination they may face in Colombia does not amount to sustained or systemic violations of basic rights and they failed to prove on a balance of probabilities a serious possibility of persecution or a section 97 risk.

Citation
MC2-25069
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 May 2023
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Decision
Outcome
appeal dismissed
Legal Topics
Persecution, Xenophobia, State Protection, Country Condition Assessment, Section 97 Risk
Source Language
English
Immigration Refugee Law Human Rights Persecution Xenophobia State Protection Country Condition Assessment Section 97 Risk

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Parties

XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division Decision

Legal Issues

  1. 1 Whether appellants would face persecution in Colombia because of their Venezuelan ethnic origin
  2. 2 Whether discrimination alleged amounts to sustained or systemic violations of basic rights (persecution)
  3. 3 Whether appellants face a risk under section 97 of the IRPA

Ratio Decidendi

Because the appellants are Colombian citizens and the objective record shows government regularization measures and differential treatment between undocumented Venezuelan migrants and Colombians with Venezuelan origins, the discrimination they may face in Colombia does not amount to sustained or systemic violations of basic rights and they failed to prove on a balance of probabilities a serious possibility of persecution or a section 97 risk.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; Refugee Protection Division determination confirmed that appellants are not Convention refugees or persons in need of protection