MC0-10732

MC0-10732

The RPD erred by failing to analyze objective documentary evidence and by speculatively concluding the JNG cartel would have no interest in locating the appellants; documentary evidence establishes the JNG's widespread presence and capacity to learn of the appellants' location in Campeche or Cancun and, coupled with the serious recruitment threat, means appellants would face a real risk there; state protection is unavailable because of cartel links to police; therefore the appellants are persons in need of protection and the RAD substitutes that determination.

Citation
MC0-10732
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant Spouse: XXXX XXXX XXXX XXXX; Associate Appellant Child: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 April 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal Substitution of Determination by RAD
Outcome
Appeal allowed; substituted determination that appellants are persons in need of protection.
Legal Topics
Internal Flight Alternative (ifa), State Protection Availability, Assessment of Credibility, Organized Crime Threat Assessment, Documentary Evidence Analysis
Source Language
English
Immigration Law Refugee Law International Protection Criminal Organization Violence Internal Flight Alternative (ifa) State Protection Availability Assessment of Credibility Organized Crime Threat Assessment +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant Spouse

XXXX XXXX XXXX XXXX

Associate Appellant Child

Procedural Posture

Refugee Protection Appeal / Decision on Appeal Substitution of Determination by RAD

Legal Issues

  1. 1 Whether proposed internal flight alternatives (Campeche and Cancun) expose appellants to risk to life or risk of cruel and unusual treatment
  2. 2 Whether the RPD properly considered objective documentary evidence regarding the Jalisco Nueva Generación (JNG) cartel
  3. 3 Whether state protection is available or effective

Ratio Decidendi

The RPD erred by failing to analyze objective documentary evidence and by speculatively concluding the JNG cartel would have no interest in locating the appellants; documentary evidence establishes the JNG's widespread presence and capacity to learn of the appellants' location in Campeche or Cancun and, coupled with the serious recruitment threat, means appellants would face a real risk there; state protection is unavailable because of cartel links to police; therefore the appellants are persons in need of protection and the RAD substitutes that determination.

Court Disposition

Appeal allowed; substituted determination that appellants are persons in need of protection.

Orders

  • Appeal allowed
  • Substitute determination: appellants are persons in need of protection