TC1-04784

TC1-04784

Although some RPD credibility findings were flawed, appellants failed to rebut the presumption of state protection on the required standard and failed to show that relocation to Kiev would be unsafe or unreasonable; therefore the RPD decision rejecting protection was correct and the appeal is dismissed.

Citation
TC1-04784
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 October 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons Issued)
Outcome
Appeal dismissed; RPD decision of April 22, 2021 confirmed.
Legal Topics
State Protection, Internal Flight Alternative, Credibility Assessment, Admission of New Evidence, Gender Guidelines
Source Language
English
Immigration Law Refugee Law Administrative Law Gender Based Violence State Protection Internal Flight Alternative Credibility Assessment Admission of New Evidence +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision (reasons Issued)

Legal Issues

  1. 1 Whether appellants' credibility warranted rejection of claim
  2. 2 Whether appellants rebutted presumption of state protection
  3. 3 Whether a viable internal flight alternative (Kiev) exists

Ratio Decidendi

Although some RPD credibility findings were flawed, appellants failed to rebut the presumption of state protection on the required standard and failed to show that relocation to Kiev would be unsafe or unreasonable; therefore the RPD decision rejecting protection was correct and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision of April 22, 2021 confirmed.

Orders

  • Appeal dismissed and RPD decision confirmed.
  • New evidence (affidavit and Ukrainian military regulations) admitted but no hearing ordered; evidence not central to outcome.