The applicants sought judicial review of a decision by the Refugee Appeal Division (RAD) confirming that an Internal Flight Alternative (IFA) was available to them in Cabo San Lucas, Mexico.
The applicants claimed fear of persecution from the Los Zetas cartel.
The Federal Court found the RAD's conclusion that the cartel lacked motivation to track the applicants to Cabo San Lucas was speculative, rendering the decision unreasonable.
The application for judicial review was allowed and the matter remitted for redetermination.