MC0-02183

MC0-02183

On the balance of probabilities the appellants failed to prove a serious possibility of persecution in the identified IFAs (Mexico City and Guadalajara); the RPD reasonably concluded the agents of persecution lacked sufficient ability and motivation to pursue the appellants that far and the evidence did not link subsequent incidents to the principal appellant's 2017 political activity.

Citation
MC0-02183
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Appellant (daughter): XXXX XXXX XXXX XXXX; Associate Appellant's Mother: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 March 2021
Procedural Posture
Refugee Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
appeals dismissed
Legal Topics
Internal Flight Alternative, Persecution, Political Opinion, Risk Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Persecution Political Opinion Risk Assessment

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Appellant (daughter)

XXXX XXXX XXXX XXXX

Associate Appellant's Mother

Procedural Posture

Refugee Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether a viable internal flight alternative (Mexico City or Guadalajara) exists for the appellants
  2. 2 Whether the agents of persecution have the ability and motivation to locate and pursue the appellants throughout Mexico
  3. 3 Whether the RPD erred in evaluating the causation and currency of threats arising from political activity

Ratio Decidendi

On the balance of probabilities the appellants failed to prove a serious possibility of persecution in the identified IFAs (Mexico City and Guadalajara); the RPD reasonably concluded the agents of persecution lacked sufficient ability and motivation to pursue the appellants that far and the evidence did not link subsequent incidents to the principal appellant's 2017 political activity.

Court Disposition

appeals dismissed

Orders

  • Appeals dismissed
  • Refugee Protection Division decision upheld: appellants have an internal flight alternative in Mexico City and Guadalajara