MC0-06110

MC0-06110

The RPD did not err: on the balance of probabilities appellants failed to prove a serious possibility of persecution in Merida or Campeche and those locations are reasonable IFAs in their circumstances; the RPD gave adequate reasons and complied with procedural fairness, therefore the appeal is dismissed.

Citation
MC0-06110
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 March 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Internal Flight Alternative, Procedural Fairness, Credibility Assessment, Refugee Protection Under IRPA S.97(1)(b)
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Procedural Fairness Credibility Assessment Refugee Protection Under IRPA S.97(1)(b)

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 10 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division

Legal Issues

  1. 1 Whether the RPD breached procedural fairness by providing inadequate reasons or relying on inaccurate/incomplete information
  2. 2 Whether the RPD unreasonably assessed the existence of an internal flight alternative (IFA) in Mexico City, Merida or Campeche
  3. 3 Whether appellants proved on a balance of probabilities a serious possibility of persecution in the proposed IFAs

Ratio Decidendi

The RPD did not err: on the balance of probabilities appellants failed to prove a serious possibility of persecution in Merida or Campeche and those locations are reasonable IFAs in their circumstances; the RPD gave adequate reasons and complied with procedural fairness, therefore the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed and the Refugee Protection Division decision of December 16, 2019 is confirmed: appellants are neither Convention refugees nor persons in need of protection