TA9-01443

TA9-01443

The panel preferred the documented country‑specific monitoring evidence (NMRMG and Va'ad) and the U.S. Department of State report over the disputed Israeli Ministry totals, concluded anti‑Semitic incidents in Ukraine are isolated and largely vandalism rather than pervasive persecution, and, given the passage of almost a decade since the claimant left, found on the balance of probabilities there is no serious possibility of persecution; therefore the claimant is not a Convention refugee nor a person in need of protection under ss.96 or 97.1 IRPA.

Citation
TA9-01443
Parties
Claimant: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 September 2018
Procedural Posture
Refugee Protection / Asylum (redetermination De Novo) / Decision (rpd Redetermination)
Outcome
Claim rejected; claimant found not to be a Convention refugee and not in need of protection under ss.96 or 97.1 IRPA.
Legal Topics
Convention Refugee, Internal Flight Alternative, Anti Semitism, Country Conditions, Well Founded Fear
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Internal Flight Alternative Anti Semitism Country Conditions Well Founded Fear

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection / Asylum (redetermination De Novo) / Decision (rpd Redetermination)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant has an objectively well-founded fear of persecution on account of Jewish ethnicity
  3. 3 Whether Kiev is a viable internal flight alternative (IFA)

Ratio Decidendi

The panel preferred the documented country‑specific monitoring evidence (NMRMG and Va'ad) and the U.S. Department of State report over the disputed Israeli Ministry totals, concluded anti‑Semitic incidents in Ukraine are isolated and largely vandalism rather than pervasive persecution, and, given the passage of almost a decade since the claimant left, found on the balance of probabilities there is no serious possibility of persecution; therefore the claimant is not a Convention refugee nor a person in need of protection under ss.96 or 97.1 IRPA.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee and not in need of protection under ss.96 or 97.1 IRPA.

Orders

  • Claim rejected; not a Convention refugee or person in need of protection under ss.96 or 97.1 of the Immigration and Refugee Protection Act
  • Decision dated September 4, 2018