MC0-10690

MC0-10690

The RPD erred by finding a viable IFA because, on the evidence as a whole, including a strategic analysis of the CJNG, the cartel has national reach through presence or alliances, the appellants were credible and had been specifically targeted and located after fleeing, and therefore the CJNG had the means and motivation to find them in Cancún and Mérida; consequently the appellants face a personalized risk and are Convention refugees and persons in need of protection.

Citation
MC0-10690
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Appellants: XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 February 2021
Procedural Posture
Refugee Appeal / Refugee Appeal Division Decision Substituting RPD Decision
Outcome
Appeal allowed; substituted decision that appellants are Convention refugees and persons in need of protection.
Legal Topics
Convention Refugee Determination, Internal Flight Alternative, Risk to Life and Torture, Non‑refoulement, State Protection Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Determination Internal Flight Alternative Risk to Life and Torture Non‑refoulement +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX XXXX

Minor Appellants

Procedural Posture

Refugee Appeal / Refugee Appeal Division Decision Substituting RPD Decision

Legal Issues

  1. 1 Whether there is a viable internal flight alternative (IFA) in Mexico
  2. 2 Whether appellants face persecution on a Convention ground
  3. 3 Whether appellants face a danger of torture or risk to life or risk of cruel and unusual treatment under section 97

Ratio Decidendi

The RPD erred by finding a viable IFA because, on the evidence as a whole, including a strategic analysis of the CJNG, the cartel has national reach through presence or alliances, the appellants were credible and had been specifically targeted and located after fleeing, and therefore the CJNG had the means and motivation to find them in Cancún and Mérida; consequently the appellants face a personalized risk and are Convention refugees and persons in need of protection.

Court Disposition

Appeal allowed; substituted decision that appellants are Convention refugees and persons in need of protection.

Orders

  • Allow appeal and substitute decision for RPD
  • Declare appellants to be Convention refugees