Approval of Ukrainian Refugee Claim Amid Ongoing Conflict
October 28, 2024 by t.me/Lawpoint_Canada
DECISION
[1] MEMBER: So, this is the decision of the Refugee Protection Division of the Immigration and Refugee Board of Canada for the claims of the principal claimant, XXXX XXXX and her husband, the associate claimant, XXXX XXXX who are citizens of Ukraine seeking refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act. I have also reviewed and applied the Chairperson’s Guideline on Gender Considerations and Proceedings Before the Immigration and Refugee Board.
ALLEGATIONS
[2] The claimants fear a risk to their lives from the Russian army and Russian supporters if they were to return to Ukraine. Principal Claimant is 77 years old, and the associate claimant is 84. The claimants from Dnipro in Ukraine. On February 24th, 2022, Russia began a full-scale invasion of Ukraine. The claimants’ town was bombed at the start of the war. The claimants spent most of their time in a bomb shelter. The associate claimant became extremely ill due to the lack of water, food, and medicine. The claimants’ home has been damaged in the conflict. On XXXX XXXX, 2022, the claimants took a refugee train from XXXX XXXX XXXX, Poland. On XXXX XXXX, 2022, the claimants flew to Canada because they have family here in Canada. The claimants both have significant health issues. For example, the principal claimant is taking medication for her high blood pressure and kidney problems. The associate claimant has problems breathing, significant mobility issues and is scheduled to have heart surgery on XXXX XXXX, 2022.
DETERMINATION
[3] I find that the claimants are Convention refugees.
ANALYSIS
Identity
[4] The claimants’ identities as citizens of Ukraine has been established on a balance of probabilities by their Ukrainian passports located at Exhibit 1 as well as by their testimony.
[5] The claimants fear persecution from the invading Russian army due to their Ukrainian nationality. Counsel for the claimants provided a sanitized RPD decision from January 30th, 2022 that is located at Exhibit 7. That decision provides for a detailed argument for why the current situation in Ukraine demonstrates that the claimants have a nexus to the Convention ground based on their nationalities. While other RPD decisions are not binding on me, the Federal Court has directed that administrative decisionmakers and reviewing courts alike must be concerned with a general consistency of administrative decisions as those affected by administrative decisions are entitled to expect that like cases will be generally treated alike and that outcomes will not depend merely on the identity of the individual decisionmaker. I do find that the decision at Exhibit 7 is persuasive, and I adopt the reasoning with respect to nexus to the Convention grounds due to the claimants’ Ukrainian nationality. And based on that analysis, I do find that the allegations before me support a nexus to the Convention grounds for the claimants based on their nationality as Ukrainians. In addition, the claimants’ allegations also support a nexus to the Convention ground based on membership in a particular social group as elderly persons with chronic health issues. Further, the principal claimant’s allegations also support a nexus to the Convention grounds based on their membership in a particular social group as a woman.
[6] I find that the claimants are credible witnesses. In making that finding, I am relying on the principle that a claimant who affirms to tell the truth creates a presumption of truthfulness unless there are reasons to doubt their truthfulness. The principal claimant provided the majority of the testimony, and she was able to testify clearly about their fears of returning to Ukraine. The principal claimant explained their health issues and the associate claimant’s mobility issues and how they have no support or family left in the country.
