internal flight alternative
📖 O que é internal flight alternative? Significado e conceito
In Canadian immigration law, specifically in refugee protection claims, an internal flight alternative (IFA) is a key consideration. If a claimant can safely and reasonably relocate to another part of their home country to avoid the risk of persecution or harm, they may not be granted refugee protection in Canada. The assessment of an IFA involves determining if there is a place within the claimant's country where they would not face a serious possibility of persecution or harm.
The onus is often on the claimant to demonstrate that an IFA is not viable. This means they need to show that relocation to a proposed alternative location would either be unsafe or unreasonable. For instance, if a specific gang targets a family in one city, the authorities might consider if moving to a city 1300 km away would effectively remove them from that risk.
Factors considered in an IFA analysis include whether the individuals allegedly seeking the claimant would be motivated to pursue them in the alternative location, and whether the claimant would face a personalized risk or a serious possibility of harm (such as gender-based violence) in that new area. The availability of essential services, like medical treatment, in the proposed IFA location can also be a relevant factor in determining its reasonableness.
Ultimately, the decision-maker, such as an immigration officer or the Refugee Protection Division (RPD), must make a reasonable conclusion based on the evidence presented. If they find that a viable IFA exists, it can be determinative in dismissing a claim for refugee protection or a Pre-Removal Risk Assessment (PRRA) application.
📋 Requisitos
- The claimant must not be able to rebut the presumption of state protection in the proposed internal flight alternative location.
- The claimant must not establish that individuals allegedly seeking them would pursue them in the alternative location.
- The claimant must not demonstrate a personalized risk upon return to the proposed internal flight alternative location.
- The claimant must not show that relocation to the proposed internal flight alternative would be unsafe or unreasonable.
📝 Procedimento
- The claimant presents their basis of claim narrative, alleging risks in their home country.
- An immigration officer or the Refugee Protection Division (RPD) assesses the claim, including the potential for an internal flight alternative (IFA).
- The claimant may adduce updated evidence regarding conditions in the proposed IFA location, such as availability of medical treatment.
- The officer or RPD determines if the claimant has met their onus of establishing that an IFA is not viable.
- If an IFA is found to be viable, the claim for refugee protection or Pre-Removal Risk Assessment (PRRA) application may be dismissed.
💡 Exemplos
- A family from Mexico City targeted by a gang might be told they could safely relocate to Mérida, a city 1300 km away, as an internal flight alternative.
- An applicant from Saltillo, Coahuila, Mexico, might have their claim denied if an officer concludes a viable internal flight alternative exists in Mérida, Yucatán.
- A citizen of Nigeria claiming risk due to a secret cult might have their Pre-Removal Risk Assessment application dismissed if they cannot establish that an internal flight alternative analysis was flawed.
- If a claimant argues that violence against women is widespread in Mexico, they might still need to prove they would face a serious possibility of gender-based violence in a specific internal flight alternative city like Mérida.
📚 Base legal
- Immigration and Refugee Protection Act, SC 2001, c 27
❓ Perguntas frequentes
What does 'internal flight alternative' mean in simple terms?
It means that if you are seeking refugee protection, the authorities will consider if there's a safe place within your own country where you could move to avoid the danger you are facing, instead of needing protection in Canada.
Who decides if an internal flight alternative is possible?
An immigration officer or the Refugee Protection Division (RPD) makes this decision. They review all the evidence you provide about the risks in your home country and the conditions in any proposed alternative locations.
What kind of evidence do I need to show that an IFA is not safe?
You might need to show that the people or groups threatening you would pursue you to the alternative location, or that you would face a personalized risk of harm there. Evidence about the general safety, or lack of essential services like medical care, in that area can also be relevant.
If I have an internal flight alternative, does that mean I can't get refugee protection?
Yes, if it's determined that a viable and reasonable internal flight alternative exists, it can lead to your claim for refugee protection or Pre-Removal Risk Assessment application being dismissed.
Can I appeal a decision that says I have an internal flight alternative?
Yes, decisions involving an internal flight alternative can be appealed to higher bodies, such as the Refugee Appeal Division, or challenged through judicial review at the Federal Court, if there are grounds to do so.
Is the burden of proof on me to show an IFA isn't viable?
Generally, yes, the claimant has the responsibility to establish that an internal flight alternative would be unsafe or unreasonable for them.