TA7-03286

TA7-03286

The Panel found on the balance of probabilities that Kiev constitutes a viable and reasonable Internal Flight Alternative where state protection and adequate livelihood are available, and therefore the claimant has not established a serious possibility of persecution or need for protection; claim is rejected.

Citation
TA7-03286
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 March 2009
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection under IRPA; removal to Ukraine does not engage protection obligations.
Legal Topics
Convention Refugee, Person in Need of Protection, Internal Flight Alternative (ifa), State Protection, Credibility
Source Language
English
Refugee Law Immigration Domestic Violence Internal Flight Alternative Human Rights Convention Refugee Person in Need of Protection Internal Flight Alternative (ifa) +2 more

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection under IRPA
  3. 3 Whether an Internal Flight Alternative (Kiev) exists and is reasonable

Ratio Decidendi

The Panel found on the balance of probabilities that Kiev constitutes a viable and reasonable Internal Flight Alternative where state protection and adequate livelihood are available, and therefore the claimant has not established a serious possibility of persecution or need for protection; claim is rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection under IRPA; removal to Ukraine does not engage protection obligations.