TC0-11097

TC0-11097

The RPD correctly found a viable internal flight alternative in Mérida because country documentation did not establish cartel presence or ongoing motivation to pursue the appellants in Yucatán, the appellants did not demonstrate that relocation would be unreasonable in their circumstances (including Associate and Minor Appellants), and no new evidence was presented on appeal; appeal dismissed.

Citation
TC0-11097
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Associate Appellant: Concepcion XXXX XXXX XXXX; Minor Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 February 2021
Procedural Posture
Refugee Appeal (rad Review of Rpd) / Decision on Appeal (dismissal)
Outcome
Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Credibility and Fact Assessment, Country Conditions, Burden of Proof, COVID 19 Impact on Relocation
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility and Fact Assessment Country Conditions Burden of Proof COVID 19 Impact on Relocation

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Principal Appellant

Concepcion XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Minor Appellants

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Review of Rpd) / Decision on Appeal (dismissal)

Legal Issues

  1. 1 Whether a viable internal flight alternative (IFA) existed for the appellants in Mérida, Yucatán
  2. 2 Whether the RPD erred by failing to independently assess risks to the Associate and Minor Appellants
  3. 3 Whether cartel groups named (La Familia Michoacana, Knights Templar, Los Pelones, CJNG) had presence/motivation to pursue appellants in Yucatán

Ratio Decidendi

The RPD correctly found a viable internal flight alternative in Mérida because country documentation did not establish cartel presence or ongoing motivation to pursue the appellants in Yucatán, the appellants did not demonstrate that relocation would be unreasonable in their circumstances (including Associate and Minor Appellants), and no new evidence was presented on appeal; appeal dismissed.

Court Disposition

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