VB8-07533

VB8-07533

The RAD dismissed the appeal because the Appellants failed to prove that Merida is not a viable internal flight alternative: the evidence did not establish the identity, means or motivation of the agents of harm to pursue the Appellants to Merida, the new evidence was inadmissible or not persuasive, and there was no nexus between criminal extortion and a Convention ground; accordingly the RPD decision was confirmed.

Citation
VB8-07533
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant (spouse): XXXX XXXX XXXX; Associate Appellant (son): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 March 2020
Procedural Posture
Refugee Appeal / Decision at Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Status, State Protection, Admissibility of New Evidence, Generalized Risk, Nexus to Convention Ground, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status State Protection Admissibility of New Evidence Generalized Risk +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX

Associate Appellant (son)

Procedural Posture

Refugee Appeal / Decision at Refugee Appeal Division

Legal Issues

  1. 1 Whether there is a viable internal flight alternative (Merida)
  2. 2 Whether the risk faced is generalized or amounts to persecution linked to a Convention ground
  3. 3 Whether new evidence is admissible

Ratio Decidendi

The RAD dismissed the appeal because the Appellants failed to prove that Merida is not a viable internal flight alternative: the evidence did not establish the identity, means or motivation of the agents of harm to pursue the Appellants to Merida, the new evidence was inadmissible or not persuasive, and there was no nexus between criminal extortion and a Convention ground; accordingly the RPD decision was confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; RPD decision of November 13, 2018, is confirmed and Appellants are found to be neither Convention refugees nor persons in need of protection.