VC1-08333

VC1-08333

The appeal is dismissed because, while the appellants were found credible and established past harm, the evidence does not establish an objective basis that they face a serious possibility of future persecution or a s.97 risk on return to Nayarit, Mexico; the new evidence on appeal was cumulative and inadmissible; consequently there was no need to assess internal flight alternatives and the compelling reasons exception under s.108(4) IRPA is not met.

Citation
VC1-08333
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 April 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons and Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Compelling Reasons Exception (s.108(4) Irpa), Forward‑facing Risk Assessment, Admissibility of New Evidence
Source Language
English
Immigration Refugee Law Internal Flight Alternative Compelling Reasons Exception (s.108(4) Irpa) Forward‑facing Risk Assessment Admissibility of New Evidence

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Parties

XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the appellants face an objectively well‑founded fear of future persecution or s.97 harm in Nayarit, Mexico
  2. 2 Whether the Refugee Protection Division erred in finding a safe and reasonable internal flight alternative
  3. 3 Admissibility of new evidence filed on appeal under Singh/Raza and s.110(4) IRPA

Ratio Decidendi

The appeal is dismissed because, while the appellants were found credible and established past harm, the evidence does not establish an objective basis that they face a serious possibility of future persecution or a s.97 risk on return to Nayarit, Mexico; the new evidence on appeal was cumulative and inadmissible; consequently there was no need to assess internal flight alternatives and the compelling reasons exception under s.108(4) IRPA is not met.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated November 18, 2021 confirmed