TC3-18881

TC3-18881

On the balance of probabilities the appellants failed to establish that agents of harm would be motivated to locate them in Mérida or that relocation to Mérida would be objectively unreasonable; accordingly Mérida is a viable internal flight alternative and the RPD decision rejecting refugee protection is confirmed.

Citation
TC3-18881
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 August 2023
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Reasons Issued (dismissal)
Outcome
Appeal dismissed; RPD decision confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act
Legal Topics
Internal Flight Alternative, Credibility Findings, Convention Refugee Status, Risk of Persecution, Sections 96 and 97 IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Internal Flight Alternative Credibility Findings Convention Refugee Status Risk of Persecution +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Reasons Issued (dismissal)

Legal Issues

  1. 1 Viability of internal flight alternative (Mérida)
  2. 2 Whether agents of harm are motivated and able to track applicants across Mexico
  3. 3 Whether relocation to Mérida would be objectively unreasonable (high threshold)

Ratio Decidendi

On the balance of probabilities the appellants failed to establish that agents of harm would be motivated to locate them in Mérida or that relocation to Mérida would be objectively unreasonable; accordingly Mérida is a viable internal flight alternative and the RPD decision rejecting refugee protection is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act

Orders

  • Appeal dismissed and RPD decision of March 29, 2023 confirmed pursuant to paragraph 111(1)(a) IRPA