TC1-14180

TC1-14180

On the balance of probabilities the Appellants failed to prove a forward‑facing section 97(1)(b) risk in Merida and Merida is objectively reasonable as an Internal Flight Alternative; therefore the RPD decision rejecting protection was correct and the appeal is dismissed.

Citation
TC1-14180
Parties
Appellant (principal): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 January 2022
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Final Decision on Appeal (dismissal)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Extortion by Organized Crime, Standard of Proof (balance of Probabilities), Section 97(1)(b) IRPA, Credibility and Corroboration
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Extortion by Organized Crime Standard of Proof (balance of Probabilities) Section 97(1)(b) IRPA Credibility and Corroboration

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Parties

XXXX XXXX XXXX

Appellant (principal)

XXXX XXXX XXXX

Appellant (minor)

XXXX XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Final Decision on Appeal (dismissal)

Legal Issues

  1. 1 Whether the Appellants face a section 97(1)(b) risk in Merida (viability of IFA)
  2. 2 Whether the Zetas remain motivated and able to find and harm the Appellants in Merida
  3. 3 Whether the Appellants' evidence (being tracked in Puebla and alleged surveillance in Mexico City, husband in hiding) establishes a forward‑facing risk

Ratio Decidendi

On the balance of probabilities the Appellants failed to prove a forward‑facing section 97(1)(b) risk in Merida and Merida is objectively reasonable as an Internal Flight Alternative; therefore the RPD decision rejecting protection was correct and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed that the Appellants are not Convention refugees nor persons in need of protection
  • No new oral hearing granted (no new evidence filed)