TC1-10420

TC1-10420

The appeal is dismissed because, on an independent review, the RAD finds the RPD correctly applied the IFA test and correctly concluded on a balance of probabilities that the Appellants have a viable Internal Flight Alternative in Culiacan: the documentary record does not show the Cartel del Noreste operates or cooperates in Sinaloa, the Appellants failed to rebut the IFA or show relocation would be unreasonable in their circumstances, and the proposed new evidence was not admitted under s.110(4) IRPA.

Citation
TC1-10420
Parties
Appellant Principal: XXXX XXXX XXXX (Principal Appellant); Appellant Associate: XXXX XXXX XXXX (Associate Appellant); Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 January 2022
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal (rad Reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, New Evidence Admissibility, Convention Refugee Status, Burden of Proof, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative New Evidence Admissibility Convention Refugee Status Burden of Proof Credibility Assessment

Case Brief

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Parties

XXXX XXXX XXXX (Principal Appellant)

Appellant Principal

XXXX XXXX XXXX (Associate Appellant)

Appellant Associate

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal (rad Reasons and Decision)

Legal Issues

  1. 1 Availability of an Internal Flight Alternative (IFA)
  2. 2 Admissibility of new evidence on appeal under s.110(4) IRPA
  3. 3 Nexus to a Convention ground

Ratio Decidendi

The appeal is dismissed because, on an independent review, the RAD finds the RPD correctly applied the IFA test and correctly concluded on a balance of probabilities that the Appellants have a viable Internal Flight Alternative in Culiacan: the documentary record does not show the Cartel del Noreste operates or cooperates in Sinaloa, the Appellants failed to rebut the IFA or show relocation would be unreasonable in their circumstances, and the proposed new evidence was not admitted under s.110(4) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed