TB9-34886

TB9-34886

Appeal dismissed because the RPD correctly found the proposed Internal Flight Alternative in Merida viable: appellants failed to prove, on the balance of probabilities, that agents of harm had the motivation, means or presence in Merida to locate and harm them, and it would not be objectively unreasonable for them to relocate there.

Citation
TB9-34886
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 December 2020
Procedural Posture
Refugee Appeal / Final Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Risk Assessment, Best Interests of the Child, Convention Refugee Determination, Burden of Proof
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Internal Flight Alternative Risk Assessment Best Interests of the Child Convention Refugee Determination +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Final Decision

Legal Issues

  1. 1 Whether an Internal Flight Alternative (IFA) in Merida, Yucatán, is viable
  2. 2 Whether agents of harm have motivation, means and capacity to find appellants in the IFA
  3. 3 Whether RPD failed to consider best interests of the child

Ratio Decidendi

Appeal dismissed because the RPD correctly found the proposed Internal Flight Alternative in Merida viable: appellants failed to prove, on the balance of probabilities, that agents of harm had the motivation, means or presence in Merida to locate and harm them, and it would not be objectively unreasonable for them to relocate there.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Dismiss the appeal and confirm the decision of the Refugee Protection Division that the appellants are neither Convention refugees nor persons in need of protection