TC1-13201

TC1-13201

Appeal dismissed because, applying the IFA two‑prong test and considering the full record and objective country documentation, the RAD found on a balance of probabilities that Mérida, Yucatán is a viable Internal Flight Alternative: the Sinaloa Cartel lacked demonstrated motivation and means to locate and harm the appellants there and the likely discrimination the Principal Appellant might face as a bisexual man in Mérida would not, cumulatively, amount to persecution nor render relocation objectively unreasonable.

Citation
TC1-13201
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellants: XXXX XXXX XXXX XXXX XXXX; XXXX XXXX XXXX; XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Counsel for the Minister: N/A
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 March 2022
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (rad Reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative (ifa), Credibility Assessment, Sexual Orientation (sogie), State Protection, Procedural Fairness
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Internal Flight Alternative (ifa) Credibility Assessment Sexual Orientation (sogie) State Protection +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX; XXXX XXXX XXXX; XXXX XXXX XXXX

Associate Appellants

XXXX XXXX XXXX

Designated Representative

N/A

Counsel for the Minister

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (rad Reasons for Decision)

Legal Issues

  1. 1 Whether the RPD erred in credibility findings regarding the Principal Appellant's sexual orientation
  2. 2 Whether a viable Internal Flight Alternative exists in Mérida, Yucatán
  3. 3 Whether the SC (Sinaloa Cartel) has the means and motivation to find and harm the appellants in Mérida

Ratio Decidendi

Appeal dismissed because, applying the IFA two‑prong test and considering the full record and objective country documentation, the RAD found on a balance of probabilities that Mérida, Yucatán is a viable Internal Flight Alternative: the Sinaloa Cartel lacked demonstrated motivation and means to locate and harm the appellants there and the likely discrimination the Principal Appellant might face as a bisexual man in Mérida would not, cumulatively, amount to persecution nor render relocation objectively unreasonable.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed and RPD decision dated August 26, 2021 confirmed by RAD (March 23, 2022)