TC1-03770

TC1-03770

Principal Appellant demonstrated a personalized forward-looking risk arising from prior kidnapping and denunciation of his kidnappers, state protection is unavailable on balance of probabilities, and because the cartel and kidnappers have means and motivation (including alliances with other cartels) to locate him throughout Mexico, no viable internal flight alternative exists; therefore the Principal Appellant is a person in need of protection and his appeal is allowed while the Associate Appellant's appeal is dismissed.

Citation
TC1-03770
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 October 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Decision on Appeal (reasons and Substituted Decision)
Outcome
Principal Appellant appeal allowed; Associate Appellant appeal dismissed.
Legal Topics
Internal Flight Alternative, State Protection, Nexus to the Refugee Convention, Credibility, Forward Looking Risk, Section 97 Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Internal Flight Alternative State Protection Nexus to the Refugee Convention Credibility +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Decision on Appeal (reasons and Substituted Decision)

Legal Issues

  1. 1 Whether the Appellants have a nexus to the refugee convention
  2. 2 Whether the Principal Appellant faces a forward-looking risk of persecution and risk to life
  3. 3 Whether the Associate Appellant faces a personalized forward-looking risk by virtue of relationship

Ratio Decidendi

Principal Appellant demonstrated a personalized forward-looking risk arising from prior kidnapping and denunciation of his kidnappers, state protection is unavailable on balance of probabilities, and because the cartel and kidnappers have means and motivation (including alliances with other cartels) to locate him throughout Mexico, no viable internal flight alternative exists; therefore the Principal Appellant is a person in need of protection and his appeal is allowed while the Associate Appellant's appeal is dismissed.

Court Disposition

Principal Appellant appeal allowed; Associate Appellant appeal dismissed.

Orders

  • Allow Principal Appellant's appeal and substitute decision that the Principal Appellant is a person in need of protection.
  • Dismiss the Associate Appellant's appeal and confirm the RPD decision regarding the Associate Appellant.