MC2-27659

MC2-27659

The RPD correctly concluded that Mérida (but not Puebla) constituted a reasonable internal flight alternative and that the CJNG, while having means, was not shown to be sufficiently motivated to locate the appellants throughout Mexico; most proffered new evidence was inadmissible under s.110(4) IRPA and the single admitted article did not meet the conjunctive test in s.110(6) IRPA for an oral hearing, therefore the appeal is dismissed and the RPD decision confirmed.

Citation
MC2-27659
Parties
Principal Appellant: XXXX XXXX XXXX; Co Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 July 2023
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Internal Flight Alternative, Admissibility of New Evidence, Oral Hearing Request, Credibility Assessment, Country Conditions, Protection Eligibility
Source Language
English
Immigration and Refugee Protection Refugee Law Administrative Law Evidence and Procedure Internal Flight Alternative Admissibility of New Evidence Oral Hearing Request Credibility Assessment +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Co Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether new evidence meets subsection 110(4) IRPA and warrants reconsideration
  2. 2 Whether an oral hearing is required under subsection 110(6) IRPA
  3. 3 Whether the Jalisco New Generation Cartel (CJNG) is motivated and has means to locate the appellants in proposed IFA locations

Ratio Decidendi

The RPD correctly concluded that Mérida (but not Puebla) constituted a reasonable internal flight alternative and that the CJNG, while having means, was not shown to be sufficiently motivated to locate the appellants throughout Mexico; most proffered new evidence was inadmissible under s.110(4) IRPA and the single admitted article did not meet the conjunctive test in s.110(6) IRPA for an oral hearing, therefore the appeal is dismissed and the RPD decision confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed.
  • New evidence: Sánchez Pastén, El Universal Puebla, December 9, 2022 admitted; all other proffered materials denied as inadmissible under s.110(4) IRPA.