VB9-02458

VB9-02458

The RAD allowed the appeal and remitted the matter to the RPD because the RPD erred in finding Tepic a viable Internal Flight Alternative: evidence and country documentation demonstrate Los Zetas have the motivation and capacity to locate and harm the appellants in Tepic, so the IFA finding cannot stand and the RPD...

Source-derived case information.

Citation
VB9-02458
Parties
Appellant(s): XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Respondent: Minister of Immigration; First Instance Decision Maker: Refugee Protection Division (RPD); Panel Member (rad): Derek Vermette
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 October 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal Remittal to RPD
Outcome
Appeal allowed; matter remitted to the Refugee Protection Division for redetermination by a differently constituted panel
Legal Topics
Internal Flight Alternative (ifa), Admissibility of New Evidence, Risk Assessment, Remittal
Source Language
english
Immigration Law Refugee Law Criminal Organisation Violence Internal Flight Alternative (ifa) Admissibility of New Evidence Risk Assessment Remittal

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Appellant(s)

Minister of Immigration

Respondent

Refugee Protection Division (RPD)

First Instance Decision Maker

Derek Vermette

Panel Member (rad)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal Remittal to RPD

Legal Issues

  1. 1 Whether Tepic, Nayarit is a viable Internal Flight Alternative for the appellants
  2. 2 Whether the proposed affidavit and exhibits constitute new evidence admissible on appeal under s.110(4) IRPA
  3. 3 Whether Los Zetas have the motivation and capacity to target the appellants in the proposed IFA

Ratio Decidendi

The RAD allowed the appeal and remitted the matter to the RPD because the RPD erred in finding Tepic a viable Internal Flight Alternative: evidence and country documentation demonstrate Los Zetas have the motivation and capacity to locate and harm the appellants in Tepic, so the IFA finding cannot stand and the RPD must redetermine the claim.

Court Disposition

Appeal allowed; matter remitted to the Refugee Protection Division for redetermination by a differently constituted panel

Orders

  • Appeal allowed
  • Remit the matter to the Refugee Protection Division to be redetermined