VC0-03005

VC0-03005

The RAD allowed the appeal and substituted a decision that the Appellant is a person in need of protection under s.97 IRPA because, on the balance of probabilities, updated objective evidence shows the CJNG has presence in Yucatán and therefore the means and motivation to locate and harm the Appellant; the RPD also breached procedural fairness by curtailing submissions on motivation; state protection is inadequate; therefore Mérida is not a viable IFA and the RPD's decision is set aside.

Citation
VC0-03005
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent / Minister: Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 May 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (substitution)
Outcome
Appeal allowed; substituted decision that the Appellant is a person in need of protection under section 97 of the Immigration and Refugee Protection Act
Legal Topics
Internal Flight Alternative, State Protection, Extortion by Criminal Organizations, Procedural Fairness, Credibility
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative State Protection Extortion by Criminal Organizations Procedural Fairness Credibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Immigration, Refugees and Citizenship

Respondent / Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (substitution)

Legal Issues

  1. 1 Whether Mérida, Yucatán is a viable Internal Flight Alternative (IFA) — first prong (means and motivation)
  2. 2 Whether Mérida is reasonable in the Appellant's personal circumstances — second prong (reasonableness)
  3. 3 Whether the Jalisco New Generation Cartel (CJNG) has the means and motivation to locate the Appellant

Ratio Decidendi

The RAD allowed the appeal and substituted a decision that the Appellant is a person in need of protection under s.97 IRPA because, on the balance of probabilities, updated objective evidence shows the CJNG has presence in Yucatán and therefore the means and motivation to locate and harm the Appellant; the RPD also breached procedural fairness by curtailing submissions on motivation; state protection is inadequate; therefore Mérida is not a viable IFA and the RPD's decision is set aside.

Court Disposition

Appeal allowed; substituted decision that the Appellant is a person in need of protection under section 97 of the Immigration and Refugee Protection Act

Orders

  • Appeal allowed
  • Substitute decision that the Appellant is a person in need of protection within the meaning of section 97 of the Immigration and Refugee Protection Act