2023 RLLR 236

2023 RLLR 236

The claimant, a Ukrainian national, credibly established a subjective fear supported by objective evidence of widespread, targeted violence by Russian forces, demonstrated that adequate state protection is unavailable and that no viable internal flight alternative exists; therefore she faces a serious possibility of persecution on the ground of nationality and is a Convention refugee under section 96 IRPA.

Citation
2023 RLLR 236
Parties
Claimant: XXXX XXXX; Co Claimant (deceased): XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 December 2023
Procedural Posture
Refugee Claim Convention Refugee (section 96 Irpa) / Decision on Refugee Protection Claim by Refugee Protection Division
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of IRPA.
Legal Topics
Convention Refugee, Nationality Nexus, State Protection, Internal Flight Alternative, Credibility, Well Founded Fear of Persecution
Source Language
English
Immigration Refugee Protection International Humanitarian Law Convention Refugee Nationality Nexus State Protection Internal Flight Alternative Credibility +1 more

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Parties

XXXX XXXX

Claimant

XXXX XXXX

Co Claimant (deceased)

Procedural Posture

Refugee Claim Convention Refugee (section 96 Irpa) / Decision on Refugee Protection Claim by Refugee Protection Division

Legal Issues

  1. 1 Establishment of identity
  2. 2 Nexus to a Convention ground (nationality)
  3. 3 Credibility of claimant

Ratio Decidendi

The claimant, a Ukrainian national, credibly established a subjective fear supported by objective evidence of widespread, targeted violence by Russian forces, demonstrated that adequate state protection is unavailable and that no viable internal flight alternative exists; therefore she faces a serious possibility of persecution on the ground of nationality and is a Convention refugee under section 96 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 of IRPA.

Orders

  • Claim accepted; claimant granted protection as a Convention refugee under section 96 of IRPA.