VB9-00656

VB9-00656

The RAD dismissed the appeal because on independent review the appellants failed on the balance of probabilities to prove that the alleged criminal (Mr. XXXX) was a CJNG member with the means to locate and harm them in Merida and therefore failed to discharge the first and second prongs for defeating the proposed internal flight alternative; the RPD's credibility concerns did not materially distort the IFA analysis.

Citation
VB9-00656
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant (spouse): XXXX XXXX XXXX; Associate Appellant (minor): XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 November 2019
Procedural Posture
Refugee Protection Appeal (rad) / Decision on Appeal Confirming RPD Determination
Outcome
Appeal dismissed; decision of the RPD confirmed
Legal Topics
Internal Flight Alternative, Credibility Assessment, Organized Crime Allegations, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Organized Crime Allegations Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX XXXX

Associate Appellant (minor)

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (rad) / Decision on Appeal Confirming RPD Determination

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the appellants
  2. 2 Whether an internal flight alternative (Merida) was reasonably available
  3. 3 Whether evidence established that the alleged gang member (Mr. XXXX) had means and intent to locate applicants in Merida

Ratio Decidendi

The RAD dismissed the appeal because on independent review the appellants failed on the balance of probabilities to prove that the alleged criminal (Mr. XXXX) was a CJNG member with the means to locate and harm them in Merida and therefore failed to discharge the first and second prongs for defeating the proposed internal flight alternative; the RPD's credibility concerns did not materially distort the IFA analysis.

Court Disposition

Appeal dismissed; decision of the RPD confirmed

Orders

  • Appeal dismissed and RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection pursuant to s.111(1)(a) of the Immigration and Refugee Protection Act