MC2-06177

MC2-06177

The appeals are dismissed because the RPD's adverse credibility finding was reasonable: the principal appellant failed to provide the detailed, non‑rehearsed account reasonably expected about the alleged CJNG telephone threats; the appellants' behaviour (remaining at the same residence after a named, near‑home confrontation) was inconsistent with their claimed fear; and there was no established link between the nephew's murder and the appellant, so the appellants failed to prove risk on a balance of probabilities.

Citation
MC2-06177
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant (spouse): XXXX XXXX XXXX XXXX XXXX; Minor Appellant (son): XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 September 2022
Procedural Posture
Refugee Appeal (appeal of RPD Decision) / Decision (reasons and Decision)
Outcome
All three appeals are dismissed.
Legal Topics
Credibility Assessment, Persecution by Non State Actors (criminal Gangs), Burden of Proof, Country Condition Evidence
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Persecution by Non State Actors (criminal Gangs) Burden of Proof Country Condition Evidence

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX XXXX XXXX

Minor Appellant (son)

Minister

Respondent

Procedural Posture

Refugee Appeal (appeal of RPD Decision) / Decision (reasons and Decision)

Legal Issues

  1. 1 whether the RPD's adverse credibility finding was reasonable
  2. 2 whether the appellants established a risk of persecution by the Cártel Jalisco Nueva Generación (CJNG)
  3. 3 whether the RPD failed to ask sufficiently clear questions at the RPD hearing

Ratio Decidendi

The appeals are dismissed because the RPD's adverse credibility finding was reasonable: the principal appellant failed to provide the detailed, non‑rehearsed account reasonably expected about the alleged CJNG telephone threats; the appellants' behaviour (remaining at the same residence after a named, near‑home confrontation) was inconsistent with their claimed fear; and there was no established link between the nephew's murder and the appellant, so the appellants failed to prove risk on a balance of probabilities.

Court Disposition

All three appeals are dismissed.

Orders

  • All three appeals are dismissed.