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CASE CENTRE · IMMIGRATION LITIGATION · REFUGEE LITIGATION

Pineda v. Canada (Citizenship and Immigration)

2026 FC 1211 Federal Court October 2026
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In short: Two Colombian siblings who fled a criminal gang's threats claimed refugee protection in Canada. The Refugee Protection Division found they had a viable internal flight alternative within Colombia and refused the claim; the Federal Court dismissed their challenge.

The Facts

The applicants, a principal applicant and her brother as associate applicant, are siblings and citizens of Colombia. While working as an airline steward, the principal applicant was approached by the Clan del Golfo criminal organization, who assaulted her and ordered her to transport packages for them. After complying twice and then refusing, she resigned from her job and left Colombia with her brother in May 2022. They filed a claim for protection in Canada, which was referred to the Refugee Protection Division (RPD) under an exception to the Safe Third Country Agreement. In a decision dated August 26, 2024, the RPD refused their claim, finding they had a viable internal flight alternative (IFA) elsewhere in Colombia.

What the Court Decided

The Federal Court dismissed the application for judicial review, finding the RPD's internal flight alternative finding was reasonable.

Does This Affect You?

  • ✓A refugee claim was refused because the Board found a safe part of your home country to relocate to.
  • ✓You fled a criminal organization or gang and fear they can find you anywhere in the country.
  • ✓You want to understand how high the bar is to overturn an internal flight alternative finding on judicial review.

Key Takeaways

  1. Internal flight alternative findings are one of the most common and hardest-to-overturn bases for refusing a refugee claim.
  2. Evidence of a persecutor's specific reach and motivation to pursue a claimant into the proposed IFA location is critical.
  3. Not every refugee case in this archive is a win — understanding a losing IFA argument is as useful as studying a successful one.

Frequently Asked Questions

What is an internal flight alternative?
It is a finding that a claimant could safely and reasonably relocate to another part of their home country instead of needing protection in Canada.
Why was this claim referred to the RPD despite entering via the US?
The Safe Third Country Agreement normally bars claims from people arriving via the United States, but it contains exceptions, including for certain family relationships in Canada.