TC0-12055

TC0-12055

On an independent assessment of the record the Appellants are credible on a balance of probabilities, face a personalized risk to life from Los Zetas that is not faced generally in Mexico under s.97(1) IRPA, do not have a viable internal flight alternative in Mérida, Campeche or Cabo San Lucas, and cannot obtain operationally adequate state protection; therefore the appeal is allowed and the decision is substituted recognizing them as persons in need of protection.

Citation
TC0-12055
Parties
Principal Appellant: XXXX1 (or XXXX2) XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 March 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal Substituted Decision Issued
Outcome
Appeal allowed; substituted decision that Appellants are persons in need of protection
Legal Topics
Person in Need of Protection, Internal Flight Alternative, Credibility Assessment, State Protection, Organized Crime/extortion, Procedural Delay
Source Language
English
Immigration Law Refugee Law Administrative Law Public International Law Person in Need of Protection Internal Flight Alternative Credibility Assessment State Protection +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX1 (or XXXX2) XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal Substituted Decision Issued

Legal Issues

  1. 1 Whether RPD erred in credibility findings
  2. 2 Whether Appellants face a personalized risk to life under s.97(1) IRPA
  3. 3 Whether proposed internal flight alternatives (Mérida, Campeche, Cabo San Lucas) are viable

Ratio Decidendi

On an independent assessment of the record the Appellants are credible on a balance of probabilities, face a personalized risk to life from Los Zetas that is not faced generally in Mexico under s.97(1) IRPA, do not have a viable internal flight alternative in Mérida, Campeche or Cabo San Lucas, and cannot obtain operationally adequate state protection; therefore the appeal is allowed and the decision is substituted recognizing them as persons in need of protection.

Court Disposition

Appeal allowed; substituted decision that Appellants are persons in need of protection

Orders

  • Appeal allowed and substituted decision issued: Appellants recognized as persons in need of protection