2023 RLLR 172

Citation: 2023 RLLR 172
Tribunal: Refugee Protection Division
Date of Decision: November 15, 2023
Panel: Avril Cardoso
Counsel for the Claimant(s): Ian G Mason
Country: Colombia
RPD Number: TC3-30309
Associated RPD Number(s): N/A
ATIP Number: A-2024-00894
ATIP Pages: N/A

DECISION

[1] MEMBER: This is the decision of the Refugee Protection Division in the claim of XXXX XXXX XXXX XXXX, a citizen of Colombia. You are claiming refugee protection pursuant to section 96 and 97 of the Immigration and Refugee Protection Act. 

DETERMINATION 

[2] In coming to my decision, I have considered and applied the Chairperson’s gender guidelines. I find that you are a Convention refugee for the reasons which follow. 

ALLEGATIONS 

[3] To briefly summarize your allegations, you allege you are a survivor of longstanding, persistent domestic abuse and seek Canada’s protection.

Identity

[4] I find that you have established your personal and national identity as a citizen of Colombia through your testimony and your passport, which can be found in Exhibit 1.

Nexus

[5] I find that there is a link between what you fear and the Convention ground of particular social group of women fearing domestic violence and gender-based violence. And your claim is, therefore, assessed under section 96.

Credibility

[6] I found you to be a credible witness, and I, therefore, believe what you have alleged in support of your claim. To give effect to the gender guidelines in your circumstances and considering the accommodations allowed, I have conducted a trauma-informed hearing and taken steps to prevent re-traumatization to the extent possible. 

[7] In assessing your credibility, I have taken guidance from the guidelines. Section 4.4 cautions against the application of incorrect assumptions and stereotypes. Section 4.4(a) explains that expecting survivors of sexual assault to behave in a certain way is such an incorrect assumption. Section 4.4(c) is applicable as it cautions against assuming that a person in an abusive relationship will not seek to leave at the first opportunity, will not return to the abuser, and will not associate with the perpetrator after a traumatic event. 

[8] I find that you are a survivor of domestic violence. I accept the content of your narrative, which you declared was true and correct, and I find no reason to doubt its truthfulness. When I started to ask you questions about the relationship, you became very emotional. Your support person explained after a break that any questions related to the abuser trigger the memories about the abuse you endured. It was very clear that you remain XXXX and impacted by the actions of your abuser. 

[9] You have submitted family court documents illustrating the ongoing challenges with access to your daughter. You have also provided evidence of treatment related to XXXX resulting from the domestic abuse. Your mother also provided a statement which is very compelling and details her observations of this abusive relationship and the impact to her granddaughter. There is also evidence of XXXX treatment in 2020 and 2021 related to the events of domestic abuse. The diagnoses include XXXX XXXX XXXX and XXXX XXXX. These can be found in Exhibits 6 and 7. 

[10] You returned to your country after coming to Canada in XXXX 2022. You explained in your narrative that the abuser was threatening to obtain custody of your daughter, and so, you returned to your country XXXX XXXX XXXX XXXX XXXX later and then came back to Canada in XXXX 2023. I find that your credibly remains intact. Section 7.1 of the gender guidelines directs Members to consider the impact of the cycle of violence and coercive control and evaluating credibility in cases involving gender considerations. I find that the pattern of cyclical violence and coercive control during your relationship, including control over finances, access to friends and family, and freedom of mobility, explain your return to protect your daughter. I, therefore, find that your subjective fear is established by your credible testimony and supporting documents.

Objective Basis

[11] Your fear of being deported to your country in the present circumstances is a fear that is well-founded in the objective documents. Women and girls continue to be the victims of violence and suffer gender inequality. Violence against women and impunity for perpetrators continues to be a serious problem in Colombia. The main forms of violence against women are domestic and family violence, sexual violence and femicide. Prosecution rates were low, despite the existence of multiple pieces of legislation to prevent gender-based violence, it persists, and gender discrimination is present in the justice system and in decisions made which exclude women in certain areas of law. This is in 1.24. 

[12] Gender-base violence, including by armed groups is widespread. Lack of training and poor implementation of treatment protocols impede timely access to medical services and create obstacles for women and girls seeking post violence care and justice. Perpetrators of violence, gender-based crimes are rarely held accountable. This is 2.2. Colombia is one (1) — is among the long-standing democracies in Latin America, but one (1) with a history of widespread violence and serious human rights abuses. This is in 2.6. One (1) source writes about the interaction between culture and intimate partner violence. Women describe how men are believed to be the stronger, smarter sex, beginning with fathers and later with romantic partners, reinforcing the idea that men are always right and are the decision makers. 

[13] Gender roles such as the expectation that women perform household chores and not study, or work undervalue a woman’s role and reinforces male superiority. Intimate partner violence is also normalized, particularly in a society where there is a macho culture that legitimized violence. Economic dependence is another factor which forces women to comply with the violence. This is in Exhibit 8. 

State Protection

[14] I have considered whether state protection would be available to you if you return to your country, and I have concluded that it is not for the following reasons. Corruption is endemic in all state branches and levels of government. The justice system has a lack of resources and there are high levels of corruption and high levels of impunity. Widespread corruption is one (1) of the greatest obstacle to effective law enforcement, and killings and impunity have led to calls for police reform. Sources explained that one (1) of the key problems with the criminal justice system is a lack of effective investigations of crimes. This is in 1.24. 

[15] The US Department of State Reports states that significant human rights issues include serious government corruption. The government generally took steps to address officials who committed human rights abuses. The government did not always enforce rape laws effectively. Violence against women as well as impunity for perpetrators was a problem. The law requires the government to provide immediate protection to survivors of domestic violence from either physical or psychological abuse. This is in 2.1. Domestic violence is the second most reported crime in the country. Colombia has high rates of domestic violence, femicides, and sexual violence. The authorities are often unresponsive when contacted by women reporting domestic violence. 

[16] Prosecution rates remain low. Women who are victims of sexual violence encounter judicial type obstacles, long wait times for protection and inadequate measures for comprehensive protection. This is in 5.4. There is clear and convincing evidence before me that the state is unable or unwilling to protect you. You approached the state for protection when you reported the abuser’s criminal activities and when your son was almost abducted in XXXX 2022, and none was forthcoming. You testified that in your country, there are many women experiencing domestic violence. You said nobody listens. There is no support and a lack of resources. And so, the abuse escalates. You said women try to fight for their rights, but very few survive or is successful. And it is just not possible. 

[17] You submitted a letter from a lawyer who assisted you with seeking protection, who confirms lack of protection. This is in Exhibit 6. Your evidence is consistent with the objective evidence which confirms impunity and low prosecution rates. 

Internal Flight Alternative or IFA

[18] I have also considered whether a viable IFA exists for you. An IFA must be safe and reasonable. I proposed Medellin as a possible IFA location. I find that the test fails on the first prong. As the test is conjunctive, it is not necessary to consider the second prong. You testified that the abuser and his family have connections with the police. His mother is involved in XXXX XXXX. He is also an XXXX. You said you believe he has businesses in the XXXX XXXX. You said the abuser’s family lives two (2) hours away from Medellin, which makes it easy to locate you. You are currently unable to work because of your XXXX XXXX and you are undergoing treatment. 

[19] There are multiple intersecting factors which are present in your circumstances, your gender, family status, XXXX XXXX, and long-standing affects stemming from gender-based violence affect your ability to relocate and the risk you face. You also share a child with the abuser, which presents the means to locate you as visitation must be permitted in accordance with the family court order. 

[20] On the evidence before me, I find on a balance of probabilities that there is a serious possibility of persecution in Medellin, and accordingly, a safe IFA is not available to you. 

CONCLUSION 

[21] Based on the totality of the evidence, I find you to be a Convention refugee, and I accept your claim.

——— REASONS CONCLUDED ———