VA9-06090
The claimant's risk of anti‑Semitic attacks is localized to her community and is not shown to follow her to Yekaterinburg; documentary evidence establishes feasible internal relocation and registration procedures; the claimant failed to discharge the burden to show relocation would be unreasonable or that removal would expose her to persecution, torture, or risk to life; therefore no Convention refugee status or need for protection was established.
- Citation
- VA9-06090
- Parties
- Claimant / Asylum Claimant: XXXX XXXXX; Respondent / Minister: Minister of Citizenship and Immigration (Canada)
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 15 December 2010
- Procedural Posture
- Refugee Protection Claim Under IRPA / Decision Following Hearing
- Outcome
- Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.
- Legal Topics
- Internal Flight Alternative, Convention Refugee Determination, Persecution, Torture Risk, Residence Registration (propiska), Anti‑semitism, Gender‑related Persecution
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXXX
Claimant / Asylum Claimant
Minister of Citizenship and Immigration (Canada)
Respondent / Minister
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following Hearing
Legal Issues
- 1 Whether the claimant is a Convention refugee under section 96 IRPA
- 2 Whether the claimant is a person in need of protection under section 97 IRPA
- 3 Whether an internal flight alternative (IFA) to Yekaterinburg is available and reasonable
Ratio Decidendi
The claimant's risk of anti‑Semitic attacks is localized to her community and is not shown to follow her to Yekaterinburg; documentary evidence establishes feasible internal relocation and registration procedures; the claimant failed to discharge the burden to show relocation would be unreasonable or that removal would expose her to persecution, torture, or risk to life; therefore no Convention refugee status or need for protection was established.
Court Disposition
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.
Orders
- Refugee protection claim rejected; no protection granted.
Full Case Text
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