2023 RLLR 263

2023 RLLR 263

The claimant is credible and has established on the balance of probabilities that he faces a well-founded fear of persecution in Ukraine based on his political opinion and nationality, state protection is objectively unreasonable, no internal flight alternative exists, and therefore he meets the definition of a Convention refugee under section 96 of the IRPA.

Citation
2023 RLLR 263
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 October 2023
Procedural Posture
Refugee Protection Claim / Hearing and Determination at Refugee Protection Division
Outcome
Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Well Founded Fear, Political Opinion, State Protection, Internal Flight Alternative, Conscription, Credibility
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Well Founded Fear Political Opinion State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Hearing and Determination at Refugee Protection Division

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution
  2. 2 Nexus to a Convention ground (political opinion and nationality)
  3. 3 Availability of state protection in Ukraine

Ratio Decidendi

The claimant is credible and has established on the balance of probabilities that he faces a well-founded fear of persecution in Ukraine based on his political opinion and nationality, state protection is objectively unreasonable, no internal flight alternative exists, and therefore he meets the definition of a Convention refugee under section 96 of the IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claimant determined to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.