TC2-02044

TC2-02044

Appeal dismissed because appellant failed to establish on the balance of probabilities that the agents of harm were affiliated with Los Zetas or had the means and motivation to locate and harm him in Cabo San Lucas, and he failed to meet the high burden to show the IFA was unreasonable; RPD's finding of a viable IFA is correct and RPD decision confirmed.

Citation
TC2-02044
Parties
Appellant / Person in Cause: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 June 2022
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Refugee Appeal Division Reasons and Decision (no New Evidence Admitted)
Outcome
Appeal dismissed; RPD decision confirmed that Appellant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee Definition, Section 97(1) Protection, Internal Flight Alternative (ifa), Credibility and Inferences, State Protection
Source Language
English
Immigration Refugee Law Asylum Criminal/organized Crime Convention Refugee Definition Section 97(1) Protection Internal Flight Alternative (ifa) Credibility and Inferences +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX XXXX

Appellant / Person in Cause

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Refugee Appeal Division Reasons and Decision (no New Evidence Admitted)

Legal Issues

  1. 1 Whether appellant is a Convention refugee
  2. 2 Whether appellant is a person in need of protection under s.97(1) IRPA
  3. 3 Whether agents of harm are affiliated with Los Zetas or a cartel

Ratio Decidendi

Appeal dismissed because appellant failed to establish on the balance of probabilities that the agents of harm were affiliated with Los Zetas or had the means and motivation to locate and harm him in Cabo San Lucas, and he failed to meet the high burden to show the IFA was unreasonable; RPD's finding of a viable IFA is correct and RPD decision confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed that Appellant is neither a Convention refugee nor a person in need of protection.

Orders

  • Appeal dismissed
  • No new evidence admitted under s.110(4) IRPA