TA3-23661

TA3-23661

Tribunal found claimant is a Venezuelan citizen only, accepted there is a real risk of ELN persecution in the Venezuela border region but concluded that a viable Internal Flight Alternative exists in regions of Venezuela not bordering Colombia where there is no reasonable chance of persecution and where it would not be unduly harsh for the claimant to live; therefore claimant failed to establish Convention refugee status or need for protection.

Citation
TA3-23661
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Refugee Protection Officer; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 February 2005
Procedural Posture
Refugee Protection Claim / Hearing Final Decision by Refugee Protection Division
Outcome
Claim rejected; claimant is not a Convention refugee and is not a person in need of protection
Legal Topics
Internal Flight Alternative, Particular Social Group, Citizenship, Persecution, State Protection, Risk to Life and Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Human Rights Internal Flight Alternative Particular Social Group Citizenship Persecution State Protection +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer

Respondent

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Claim / Hearing Final Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a citizen of Colombia or Venezuela
  2. 2 Whether claimant has a well‑founded fear of persecution by the ELN in Venezuela or Colombia
  3. 3 Whether an internal flight alternative (IFA) exists in Venezuela

Ratio Decidendi

Tribunal found claimant is a Venezuelan citizen only, accepted there is a real risk of ELN persecution in the Venezuela border region but concluded that a viable Internal Flight Alternative exists in regions of Venezuela not bordering Colombia where there is no reasonable chance of persecution and where it would not be unduly harsh for the claimant to live; therefore claimant failed to establish Convention refugee status or need for protection.

Court Disposition

Claim rejected; claimant is not a Convention refugee and is not a person in need of protection