TC1-18271

TC1-18271

The RAD confirmed the RPD decision: on the balance of probabilities the Los Zetas do not have a presence or sufficient motivation to pursue the Appellants to Durango and, even accepting the Los Zetas have means to locate persons, relocation to the city of Durango would not be objectively unreasonable in all the circumstances; therefore a viable IFA exists and the Appellants are not Convention refugees nor persons in need of protection.

Citation
TC1-18271
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 February 2022
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal (rad Confirming RPD Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee, Section 97(1) Risk, Extortion, Nexus to Convention Grounds, Standard of Review (correctness)
Source Language
English
Immigration Refugee Protection Organized Crime/cartel Violence Administrative Law Internal Flight Alternative Convention Refugee Section 97(1) Risk Extortion +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal (rad Confirming RPD Decision)

Legal Issues

  1. 1 Whether a viable Internal Flight Alternative (IFA) exists in the city of Durango
  2. 2 Whether Los Zetas have the means to locate and the motivation to pursue the Appellants to the IFA
  3. 3 Whether the Appellants' fear has a nexus to a Convention ground

Ratio Decidendi

The RAD confirmed the RPD decision: on the balance of probabilities the Los Zetas do not have a presence or sufficient motivation to pursue the Appellants to Durango and, even accepting the Los Zetas have means to locate persons, relocation to the city of Durango would not be objectively unreasonable in all the circumstances; therefore a viable IFA exists and the Appellants are not Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Pursuant to section 111(1)(a) IRPA, the appeal is dismissed and the RPD decision dated October 25, 2021 is confirmed.
  • No new evidence admitted and no oral hearing ordered.