TC2-01849

TC2-01849

The appeal is dismissed because the appellants failed to credibly establish a serious possibility of persecution or likelihood of harm: the RAD rejected all proffered new evidence as not meeting the statutory criteria, found material omissions and inconsistencies (including late disclosure of activism and an omitted owner identity) that undermined credibility, and determined there was no established nexus to a Convention ground or credible risk from the Zetas.

Citation
TC2-01849
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Panel Member: Latoya Farrell
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 July 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility, New Evidence, Convention Refugee, Nexus to Convention Grounds, State Protection, Internal Relocation, Cartel Violence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility New Evidence Convention Refugee Nexus to Convention Grounds State Protection +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Latoya Farrell

Panel Member

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the appellants are credible
  2. 2 Whether there is nexus to a Convention ground
  3. 3 Whether new evidence met the criteria for admission

Ratio Decidendi

The appeal is dismissed because the appellants failed to credibly establish a serious possibility of persecution or likelihood of harm: the RAD rejected all proffered new evidence as not meeting the statutory criteria, found material omissions and inconsistencies (including late disclosure of activism and an omitted owner identity) that undermined credibility, and determined there was no established nexus to a Convention ground or credible risk from the Zetas.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • All new evidence rejected as not meeting criteria for admission
  • Oral hearing denied