• Mr. Ramirez is a citizen of Mexico. He is the owner of a motor parts shop in Irapuato, in the state of Guanajuato, Mexico.
• His sister, Maria, is a police officer in Mexico. She is investigating the murder of an important member of the Cartel de Jalisco Nueva Generacion. It is believed that members of a rival cartel, Santa Lima de Rosa Cartel (SLRC), committed the murder.
• The investigations did not lead to any results. CJNG members accused Maria and her colleagues of being in SLRC's pockets. They threatened them with death.
• Two colleagues of Maria were killed and Maria went into hiding.
• CJNG members threatened Francisco that if he did not reveal the whereabouts of Maria, then he will die.
• They beat him up and broke his arm.
• He did not report the attack to the police because he believed that this would expose himself to further risks.
• He also believed that the Mexican police would not be able to protect him.
• Francisco fled Mexico and came to Canada to make a refugee claim.
• Evidence filed are the following:
  • A threatening letter received by the claimant
  • Medical report confirming the injuries
  • Recent US DOS report indicates that CJNG is the most powerful cartel in Mexico and has operations all throughout the country
  • A recent media article indicates that the Mexican police is under-funded, rife with corruption, and disappearances and killings are persistent problems throughout the country - especially in areas with high levels of cartel violence.The RPD Decision

[1] The panel finds that there is adequate state protection for the claimant should he be returned to Mexico.

[2] When the state in question is a democratic state, the claimant must do more than simply state that he believes there is no state protection. The claimant must exhaust all courses of action open to him or her.

[3] In this case, the claimant did not attempt to seek protection. He had many opportunities to report the threats and attacks to the police but he chose not to. In this case, it cannot be said that the police failed to protect him because the police were never notified of the threats against the claimant. Therefore, the panel finds that the claimant simply did not reasonably exhaust courses of action open to him to obtain state protection in Mexico, and, hence, he has not discharged the onus of showing that state protection is not available in Mexico. New Evidence

After the RPD decision, Francisco receives a letter from Maria that Maria's husband was found dead in the streets with gunshot wounds. Maria explained that no arrests were made in relation to the murders of her colleagues and her husband. She continues to be in hiding in fear of the cartel. Internet news articles about the murder of Maria's husband indicates that the attack was likely to be cartel related violence.

please answers to the following questions:

1. What arguments would you have to make to succeed on appeal in response to the RPD decision?
2. How would you support that argument with case law?
3. What facts/evidence can you point to in support of your argument?
4. Can you submit new evidence to support those arguments?
5. Can you ask the RAD to hold an oral hearing?

During the tutorial, the instructor will take the class through these issues.