MB9-20974

MB9-20974

The RAD confirmed the RPD's finding that the appellants failed to demonstrate they were personally targeted by agents of persecution; testimonial evidence indicated the risks were directed at the principal claimant only, therefore there is no serious possibility of persecution nor balance of probabilities risk of cruel or unusual treatment, and the appeal is dismissed.

Citation
MB9-20974
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 March 2020
Procedural Posture
Refugee Protection Appeal / Decision by Refugee Appeal Division
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Convention Refugee, Persons in Need of Protection, Internal Flight Alternative, Standard of Review, Risk Assessment, Credibility
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Persons in Need of Protection Internal Flight Alternative Standard of Review Risk Assessment +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Decision by Refugee Appeal Division

Legal Issues

  1. 1 Whether the RPD erred in assessing the risk to the appellants if returned to Mexico
  2. 2 Whether the agents of persecution targeted the appellants or only the principal claimant
  3. 3 Whether an internal flight alternative in Mexico was available and reasonable

Ratio Decidendi

The RAD confirmed the RPD's finding that the appellants failed to demonstrate they were personally targeted by agents of persecution; testimonial evidence indicated the risks were directed at the principal claimant only, therefore there is no serious possibility of persecution nor balance of probabilities risk of cruel or unusual treatment, and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Pursuant to paragraph 111(1)(a) of the IRPA, the RAD dismisses the appeal and confirms the determination that the appellants are neither Convention refugees nor persons in need of protection.