MC0-08841

MC0-08841

Although the appellants proved on a balance of probabilities that they were personally threatened by CJNG in Toluca, the RAD concluded Tuxtla Gutiérrez is not a safe IFA due to documented CJNG presence, but Mérida, Yucatán is a safe and objectively reasonable internal flight alternative; therefore appellants do not establish a well-founded fear or risk under IRPA and the appeals are dismissed.

Citation
MC0-08841
Parties
Appellant: Male appellant; Appellant: Female appellant; Appellant: Minor appellant 1; Appellant: Minor appellant 2
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 January 2021
Procedural Posture
Refugee Appeal to the Refugee Appeal Division / Final Reasons and Decision (appeal Dismissed)
Outcome
Appeals dismissed; RPD determination that appellants are not Convention refugees or persons in need of protection under s.97(1) of IRPA confirmed though for different reasons
Legal Topics
Internal Flight Alternative, Well Founded Fear, Credibility of Threats, Procedural Fairness, Application of IRPA S.97 and S.111
Source Language
English
Immigration Refugee Law Criminal/organized Crime Impact on Protection Claims Internal Flight Alternative Well Founded Fear Credibility of Threats Procedural Fairness Application of IRPA S.97 and S.111

Case Brief

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Parties

Male appellant

Appellant

Female appellant

Appellant

Minor appellant 1

Appellant

Minor appellant 2

Appellant

Procedural Posture

Refugee Appeal to the Refugee Appeal Division / Final Reasons and Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether appellants had an objectively reasonable internal flight alternative in Mexico
  2. 2 Whether appellants established a well-founded fear of persecution or risk under IRPA s.97(1)
  3. 3 Whether the RPD erred in finding Tuxtla Gutiérrez a safe IFA given CJNG presence

Ratio Decidendi

Although the appellants proved on a balance of probabilities that they were personally threatened by CJNG in Toluca, the RAD concluded Tuxtla Gutiérrez is not a safe IFA due to documented CJNG presence, but Mérida, Yucatán is a safe and objectively reasonable internal flight alternative; therefore appellants do not establish a well-founded fear or risk under IRPA and the appeals are dismissed.

Court Disposition

Appeals dismissed; RPD determination that appellants are not Convention refugees or persons in need of protection under s.97(1) of IRPA confirmed though for different reasons

Orders

  • Appeals dismissed
  • RPD decision dated June 30, 2020 confirmed in outcome