VB9-04584

VB9-04584

The appeal is dismissed because, although the appellants faced a personalized extortion threat at home, the evidence on the record did not establish on the balance of probabilities that Los Zetas would be able or motivated to locate and persecute them in Mexico City; Mexico City is therefore a viable and reasonable internal flight alternative and the appellants are not Convention refugees nor persons in need of protection.

Citation
VB9-04584
Parties
Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 September 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (written Reasons)
Outcome
Appeal dismissed; decision of the RPD confirmed on the basis that appellants have a viable IFA in Mexico City and therefore are neither Convention refugees nor persons in need of protection.
Legal Topics
Internal Flight Alternative, Convention Refugee Determination, New Evidence Admissibility, Personalized Vs Generalized Risk, Discrimination
Source Language
English
Immigration Refugee Law Administrative Law Public Security/organized Crime Internal Flight Alternative Convention Refugee Determination New Evidence Admissibility Personalized Vs Generalized Risk +1 more

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Parties

XXXX XXXX XXXX

Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (written Reasons)

Legal Issues

  1. 1 Whether the appellants face a personalized risk from Los Zetas or only a generalized risk
  2. 2 Whether Mexico City is a viable internal flight alternative (IFA) on a balance of probabilities
  3. 3 Whether the new evidence is admissible, credible and relevant

Ratio Decidendi

The appeal is dismissed because, although the appellants faced a personalized extortion threat at home, the evidence on the record did not establish on the balance of probabilities that Los Zetas would be able or motivated to locate and persecute them in Mexico City; Mexico City is therefore a viable and reasonable internal flight alternative and the appellants are not Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; decision of the RPD confirmed on the basis that appellants have a viable IFA in Mexico City and therefore are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed.
  • New evidence partly admitted (some affidavits accepted, others rejected); no oral hearing ordered.