TB9-28617

TB9-28617

Merida is a viable internal flight alternative because there is insufficient evidence that the unidentified assailants are members of an organized criminal gang with the means or motive to locate and harm the Appellants in Yucatan, and objective country evidence indicates Yucatan is comparatively peaceful; consequently relocation to Merida would not be unreasonable and the Appellants do not meet the threshold for Convention refugee status or protection under s.97, so the appeal is dismissed.

Citation
TB9-28617
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 August 2020
Procedural Posture
Refugee Appeal / Decision
Outcome
Appeal dismissed; RPD decision of October 2, 2019 confirmed; Appellants are neither Convention refugees nor persons in need of protection under s.111(1)(a) IRPA.
Legal Topics
Internal Flight Alternative, Credibility, Procedural Fairness, Gender Based Persecution, Admissibility of New Evidence
Source Language
English
Immigration Refugee Law Internal Flight Alternative Credibility Procedural Fairness Gender Based Persecution Admissibility of New Evidence

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Decision

Legal Issues

  1. 1 Whether Merida is a viable internal flight alternative (IFA) for the Appellants
  2. 2 Whether the RPD erred by failing to extend its credibility finding to predictions about future risk
  3. 3 Admissibility and probative value of new documentary evidence under s.110(4) IRPA

Ratio Decidendi

Merida is a viable internal flight alternative because there is insufficient evidence that the unidentified assailants are members of an organized criminal gang with the means or motive to locate and harm the Appellants in Yucatan, and objective country evidence indicates Yucatan is comparatively peaceful; consequently relocation to Merida would not be unreasonable and the Appellants do not meet the threshold for Convention refugee status or protection under s.97, so the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision of October 2, 2019 confirmed; Appellants are neither Convention refugees nor persons in need of protection under s.111(1)(a) IRPA.

Orders

  • Appeal dismissed and decision of the Refugee Protection Division dated October 2, 2019 confirmed.
  • No oral hearing required on the new evidence; the admitted documents were considered and found not to alter the outcome.