2020 RLLR 141

2020 RLLR 141

The panel found on the balance of probabilities that the claimants were specifically named as military objectives by FARC dissidents, had suffered a related homicide of a family member, received ongoing targeted threats, the State could not provide adequate protection and no viable internal flight alternative...

Source-derived case information.

Citation
2020 RLLR 141
Parties
Principal Claimant: [XXX]; Adult Son: [XXX]; Adult Daughter: [XXX]; Mother and Designated Representative for Minors: [XXX]; Minor Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
3 February 2020
Procedural Posture
Refugee Protection (irpa Ss.96 and 97(1)) / Refugee Protection Division Decision Following Hearing
Outcome
Claim allowed; claimants found to be persons in need of protection under IRPA s.97(1)
Legal Topics
Risk to Life, Cruel and Unusual Treatment, State Protection, Internal Flight Alternative, Extortion by Non State Actors, FARC Dissidents
Source Language
english
Immigration Refugee Law Human Rights Risk to Life Cruel and Unusual Treatment State Protection Internal Flight Alternative Extortion by Non State Actors +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

[XXX]

Principal Claimant

[XXX]

Adult Son

[XXX]

Adult Daughter

[XXX]

Mother and Designated Representative for Minors

[XXX]

Minor Claimant

Procedural Posture

Refugee Protection (irpa Ss.96 and 97(1)) / Refugee Protection Division Decision Following Hearing

Legal Issues

  1. 1 Whether claimants face a personal risk to life or risk of cruel and unusual treatment if returned to Colombia
  2. 2 Whether the risk is individualized and not a risk faced generally by others (s.97(1)(b)(ii))
  3. 3 Whether the State of Colombia can provide adequate protection

Ratio Decidendi

The panel found on the balance of probabilities that the claimants were specifically named as military objectives by FARC dissidents, had suffered a related homicide of a family member, received ongoing targeted threats, the State could not provide adequate protection and no viable internal flight alternative existed; therefore the claimants would face a risk to life or cruel and unusual treatment and are persons in need of protection under s.97(1) IRPA.

Court Disposition

Claim allowed; claimants found to be persons in need of protection under IRPA s.97(1)

Orders

  • Claims accepted and protection granted under s.97(1) of the Immigration and Refugee Protection Act
  • Designation of [XXX] maintained as representative for the minor claimants pursuant to s.167(2) IRPA and RPD Rule 20