VC0-03790

VC0-03790

The RAD dismissed the appeal because the appellants did not establish on a balance of probabilities that the agents of harm (linked to Los Zetas) have the resolve and means to locate and harm them in Merida and it is not unreasonable for them to seek refuge in Merida; accordingly the RPD's finding that a viable IFA existed was correct and the appellants are neither Convention refugees nor persons in need of protection.

Citation
VC0-03790
Parties
Principal Appellant: Principal Appellant (name redacted); Associate Appellants: Associate Appellants (names redacted); Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 February 2021
Procedural Posture
Refugee Appeal / Appeal Decision (rad Dismissal)
Outcome
Appeal dismissed; RPD decision upheld
Legal Topics
Internal Flight Alternative, Convention Refugee Determination, Risk and Safety Assessment, Documentary Evidence Evaluation, Los Zetas Cartel
Source Language
English
Immigration and Refugee Law Administrative Law Country Condition Evidence Criminal Organization Violence Internal Flight Alternative Convention Refugee Determination Risk and Safety Assessment Documentary Evidence Evaluation +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 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Principal Appellant (name redacted)

Principal Appellant

Associate Appellants (names redacted)

Associate Appellants

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal / Appeal Decision (rad Dismissal)

Legal Issues

  1. 1 Whether a viable Internal Flight Alternative (IFA) exists in Merida
  2. 2 Whether the appellants are Convention refugees or persons in need of protection
  3. 3 Whether documentary evidence establishes cartel reach and ability to track the appellants to Merida

Ratio Decidendi

The RAD dismissed the appeal because the appellants did not establish on a balance of probabilities that the agents of harm (linked to Los Zetas) have the resolve and means to locate and harm them in Merida and it is not unreasonable for them to seek refuge in Merida; accordingly the RPD's finding that a viable IFA existed was correct and the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision upheld

Orders

  • Appeal dismissed
  • RPD decision affirmed: appellants are neither Convention refugees nor persons in need of protection