MC0-03450

MC0-03450

The RPD erred in finding viable internal flight alternatives (Durango and Sonora) because evidence established that Los Zetas retained the capacity and motive to track and violently retaliate against the appellants outside their home region and that Mexican state protection is inadequate due to corruption and impunity; therefore the appellants face a serious risk and are persons in need of protection.

Citation
MC0-03450
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 March 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Substitution of RPD Determination (reasons and Decision Issued March 24, 2021)
Outcome
Appeal allowed; RPD determination set aside; appellants recognized as persons in need of protection.
Legal Topics
Internal Flight Alternative, State Protection, Persecution by Non State Actors, Organized Crime, Admissibility of Evidence
Source Language
English
Immigration and Refugee Law International Protection Human Rights Internal Flight Alternative State Protection Persecution by Non State Actors Organized Crime Admissibility of Evidence

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Substitution of RPD Determination (reasons and Decision Issued March 24, 2021)

Legal Issues

  1. 1 Existence of internal flight alternative (IFA) in Mexico
  2. 2 Whether appellants face persecution or risk of cruel and unusual treatment by Los Zetas
  3. 3 Whether Mexico provides adequate state protection (impunity/corruption)

Ratio Decidendi

The RPD erred in finding viable internal flight alternatives (Durango and Sonora) because evidence established that Los Zetas retained the capacity and motive to track and violently retaliate against the appellants outside their home region and that Mexican state protection is inadequate due to corruption and impunity; therefore the appellants face a serious risk and are persons in need of protection.

Court Disposition

Appeal allowed; RPD determination set aside; appellants recognized as persons in need of protection.

Orders

  • Set aside the RPD determination and substitute a determination that the four appellants are persons in need of protection.
  • New evidence (newspaper article) admitted into the record.