TB5-01064

TB5-01064

Even if the Appellant is Roma, the evidence did not demonstrate past persecution or a serious possibility of future persecution based on ethnicity, and a viable internal flight alternative existed in Kiev; therefore the RPD's decision rejecting the claim is confirmed and the appeal is dismissed under ss.111(1)(a) IRPA.

Citation
TB5-01064
Parties
Appellant: XXXXXXXXXX; Appellant's Spouse: XXXXXXXXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 April 2015
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (no New Evidence, No Hearing Requested Under Ss.110(6) Irpa)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Internal Flight Alternative, Credibility, Persecution Vs Discrimination, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Internal Flight Alternative Credibility Persecution Vs Discrimination +1 more

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Parties

XXXXXXXXXX

Appellant

XXXXXXXXXXX

Appellant's Spouse

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (no New Evidence, No Hearing Requested Under Ss.110(6) Irpa)

Legal Issues

  1. 1 Standard of review for RAD
  2. 2 Credibility of claimant's assertion of Roma ethnicity
  3. 3 Whether cumulative discrimination amounted to past persecution

Ratio Decidendi

Even if the Appellant is Roma, the evidence did not demonstrate past persecution or a serious possibility of future persecution based on ethnicity, and a viable internal flight alternative existed in Kiev; therefore the RPD's decision rejecting the claim is confirmed and the appeal is dismissed under ss.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the RPD confirmed pursuant to ss.111(1)(a) of the Immigration and Refugee Protection Act