VB8-02811

VB8-02811

The RPD did not err: the appellants failed to rebut the presumption of adequate state protection in Mexico with clear and convincing evidence, the tribunal did not breach natural justice or demonstrate bias in issuing oral reasons at the hearing, and a viable Internal Flight Alternative exists in Cancun; therefore the RAD confirms the RPD decision dismissing the refugee claims.

Citation
VB8-02811
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 February 2019
Procedural Posture
Refugee Appeal From RPD Decision / Decision by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Internal Flight Alternative (ifa), Natural Justice, Bias, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Internal Flight Alternative (ifa) Natural Justice Bias Burden of Proof

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal From RPD Decision / Decision by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the RPD breached principles of natural justice or demonstrated bias by delivering oral reasons at the hearing conclusion
  2. 2 Whether the appellants rebutted the presumption of state protection for Mexico with clear and convincing evidence
  3. 3 Whether a viable Internal Flight Alternative (Cancun) exists for the appellants

Ratio Decidendi

The RPD did not err: the appellants failed to rebut the presumption of adequate state protection in Mexico with clear and convincing evidence, the tribunal did not breach natural justice or demonstrate bias in issuing oral reasons at the hearing, and a viable Internal Flight Alternative exists in Cancun; therefore the RAD confirms the RPD decision dismissing the refugee claims.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision dated May 7, 2018 is confirmed; appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act