Kanagaratnam Note 6, was of the view that the determination of whether a claimant has a well-founded fear of persecution in their home area of the country is not a prerequisite to the consideration of an IFA. Note 5īoth prongs must be satisfied for a finding that the claimant has an IFA. Moreover, conditions in the part of the country considered to be an IFA must be such that it would not be unreasonable, in all the circumstances, including those particular to the claimant, for him to seek refuge there."… the Board must be satisfied on a balance of probabilities that there is no serious possibility of the claimant being persecuted in the part of the country to which it finds an IFA exists." Note 4.Note 3 From these cases it is clear that the test to be applied in determining whether there is an IFA is two-pronged. The key concepts concerning IFA come from two cases: Note 1 It arises when a claimant who despite meeting all the elements of the Convention refugee definition in their home area of the country never theless is not a Convention refugee because the person has an IFA elsewhere in that country. The question of whether an IFA exists is an integral part of the Convention refugee definition. The two-prong test and general principles Interpretation and application of the two-pronged test Previous | Table of Contents | Next On this page
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