2024 RLLR 72

Citation: 2024 RLLR 72
Tribunal: Refugee Protection Division
Date of Decision: August 13, 2024
Panel: Cristina De Leon
Counsel for the Claimant(s): Farid Sarabsky
Country: Russia
RPD Number: TC3-12122
Associated RPD Number(s): TC3-32029
ATIP Number: A-2025-00362
ATIP Pages: N/A

DECISION

[1] MEMBER: This is a decision in the claims for refugee protection made by the claimants, XXXX XXXXand XXXX XXXX, in RPD file number TC3-12122 and TC3-32029. The claimants are brothers who are citizens of Russia, and are claiming refugee protection pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act, or IRPA.

ALLEGATIONS

[2] The allegations in support of the claim are set out in the claimants’ Basis of Claim forms with attached narratives, marked as Exhibits 2.1 and 2.2. In summary, the claimants fear racism and discrimination based on their Afghani ethnicity. They also fear conscription in the Russian military and being targeted as visible minorities to fight in the war against Ukraine, and to be killed in a war that they do not support.

DETERMINATION

[3] I find that the claimants face a serious possibility of persecution in Russia, and that they are Convention refugees, pursuant to section 96 of the IRPA.

Nexus

[4] I find that the claims bear a nexus to the Convention grounds of race or ethnicity based on the claimants’ Afghani ethnicity, intersecting with their political opinion, being opposed to Russia’s war against Ukraine.

Identity

[5] The claimants’ identities are established, on a balance of probabilities, by their testimonies and their Russia-issued passports found in Exhibit 1.

Credibility

[6] XXXX XXXX, hereinafter the principal claimant, and XXXX XXXX, hereinafter the minor claimant, both testified in a detailed, spontaneous, and straightforward manner with regard to the central elements of their claims. There were no inconsistencies or omissions which went to the core of the claim. I find that both the claimants were credible witnesses.

[7] The claimants also submitted summons, dated XXXX XXXX, 2023, issued by the military commissariat of the Moscow Region, directing the principal claimant to appear for events related to conscription for military service. They also submitted a text message from their mother, regarding conscription of the principal claimant’s classmates and denial of these classmates request for deferral.

[8] I have no reason to doubt the veracity of these documents, and as such, I place great weight on them in support of the claim.

[9] Based on the credible testimonies and the documentary evidence, I find, on a balance of probabilities, that the claimants are of Afghani ethnic origin, derived from their father, who was born in Afghanistan. I find that the claimants and their family faced challenges and were subjected to racism and discrimination in Russia. Their father encountered difficulties obtaining a job and was often harassed by the police, stopped at checkpoints and asked for documents.

[10] As youth growing up in Russia, the claimants faced racism and discrimination due to their Afghani name and appearance. The principal claimant testified, and I accept, that they always stood out because of their non-Russian features, their dark hair, the colour of their eyes, and their skin.

[11] In second grade, the principal claimant was beaten by other students, his shirt torn, and his schoolbag taken away from him. Throughout school, and even in XXXX, teachers demanded more homework from him, required more answers, and gave him more tasks. Teachers were unreasonably tougher and stricter with the principal claimant.

[12] The minor claimant recounted a time in second grade when he was not allowed by his teacher to use the washroom by way of discrimination against him as a person of Afghani ethnicity. He was forced to relieve himself at his desk. His parents complained to the school administration and told them that all children should have equal rights and should be able to use the washroom when they needed. Their parents’ complaints fell on deaf ears.

[13] The minor claimant also testified, and I accept, that in seventh grade, during wintertime, other students took his second pair of shoes, his outdoor shoes. The minor claimant then had to go home in his summer shoes. He testified that he was always the object of jokes, ridicule, and disrespect because of his non-Russian last name and because he behaved differently as a person belonging to an Afghani Muslim family.

[14] I find, on a balance of probabilities, that due to his experiences, the principal claimant had an extremely negative opinion of the Russian government. When the war with Ukraine started on February 24th, 2022, the principal claimant did not support it. He believed it was a cruel and unjust war on a sovereign and independent nation.

[15] I find, on a balance of probabilities, that the minor claimant also saw what was going on in the news, and felt fear for his brothers, who were of draft age, and for himself, when he came of age.

[16] I find that their older brother, XXXX (ph), received a military draft notice with order to join the war in Ukraine. He was fortunately able to flee and escape to the US, where he is currently going through immigration.

[17] I find, on a balance of probabilities, that the principal claimant had friends who were served summonses and who attended the military commissariat. They were immediately enlisted without being given the opportunity to collect their belongings. They were sent to basic military training, and then to the frontlines in unknown locations.

[18] The principal claimant testified, and I accept, that his XXXX friends who received draft notices were sent to the frontlines, belong to minority groups, such as they were Buryats, Tajiks, Tatars, Chechens, and Afghanis.

[19] I find, on a balance of probabilities, that on XXXX XXXX, 2023, the principal claimant also received summons to present himself to the military commissariat. The principal claimant did not present himself to the enlistment office, fearing he would immediately be sent to military training, and thereafter, deployed to the frontlines in Ukraine.

[20] The minor claimant, then 16 years old, realized that in less than two (2) years, he would also be called to enlist.

[21] Fearing forced conscription in the Russian military and being forced to fight in the war against Ukraine, the claimants escaped to — escaped Russia and came to Canada.

Subjective Fear

[22] I find that the claimants have established, on a balance of probabilities, a subjective fear of conscription in the Russian military. And as persons of Afghani ethnicity, they fear being deployed to the frontlines in Ukraine to fight in a war they do not support.

Objective Basis

[23] Item 13.2 of the National Documentation Package for Russia, or NDP, describes violence and discrimination toward people of mixed race in Russia by society and people in authority. Xenophobic sentiment exists among the population. It is reported that Russia has one (1) of the highest hate crime rates in the world.

[24] It indicates that if a person does not look like a typical Slav and speaks aloud in a language other than Russian, they may be attacked. People considered to be in, “black, ” by Russians, which includes people from Central Asia and the Caucasus, may be subjected to violence in the country. A source stated that people with a visibly different appearance from the majority of the Slavic population, like dark skin or Asian appearance, are subject to a much higher risk of violence or intimidation driven by hate.

[25] Discrimination towards non-Slavic people in Moscow is widespread and generally accepted. It is extremely difficult for such a person to rent an apartment since the majority of advertisements state that the apartment is only available to people of Slavic appearance.

[26] Item 12.12 cites a December 2017 Al Jazeera report indicating that millions of Central Asians face widespread xenophobia. Some 27 percent of Russians feel, “irritation, dislike, or fear,” towards Central Asians, and almost one (1) in five (5) Russians think that their presence in Russia has to be limited according to a July 2017 survey. A source stated that hundreds of them have been killed and thousands wounded in hate attacks by ultranationalists and skinheads.

[27] Item 8.7 of the NDP, citing Freedom House report 2023, covering events and key developments in 2022, states that, “Immigrants and ethnic minorities, particularly those who appear to be from the Caucasus or Central Asia, face both governmental, and societal discrimination, and harassment.”

[28] There is objective basis for the claimants’ experiences and fear of discrimination and harassment in Russia as persons of Afghani origin.

[29] With regard to their fear of conscription and deployment in Ukraine, one (1) year military service is, of course, compulsory for all Russian men aged 18 to 27, as stated in Item 8.1. The Criminal Code of Russia stipulates that evasion of conscription in the absence of lawful grounds for release from the military service is punishable by either a fine of up to 200,000 rubles, or in the amount of the wage or salary or any other income of the convicted person for a period of up to 18 months, or by compulsory labour for up — for a period of up to two (2) years by arrest for up to six (6) months, or by up to two (2) years in prison. A failure to report to military recruitment office after having received a draft notice, or a failure to report to a place of assembly for a departure to a military unit, are understood as draft evasion.

[30] There is certainly objective basis for the principal claimants’ fear of having to serve in the Russian military or face arrest and persecution — prosecution for failing to report, pursuant to the summons served, and for the minor claimant’s fear of being conscripted when he reaches the age of 18 next year.

[31] With regard to their vulnerability as persons of Afghani ethnicity, Item 8.7, citing the Guardian report on 22 September 2022, states that Russia has been disproportionately relying on ethnic minorities to provide its main fighting force in Ukraine.

[32] The USSD Human Rights Report 2023, covering events in 2022 at 15.8.4 of Item 8.7 stated that, “There were reports Russian authorities disproportionately mobilized members of non-Russian ethnic groups to fight in Russia’s war against Ukraine.”

[33] Counsel submitted news articles which discuss Putin’s use of ethnic minorities to fight in Ukraine. Among these is September 4, 2022 OWP news article, which indicates that since Russia invaded Ukraine in February of 2022, its casualties have disproportionately been made up of minorities from across the Russian Federation. It states that minority groups make up an inordinate amount of Russia’s army and are being used as cannon fodder on the frontlines.

[34] An October 25th, 2022, Al Jazeera news article explains that Kremlin’s use of ethnic minorities and migrants from Central Asia in the war in Ukraine reflects its chauvinist imperial politics. It states that in Russia, if you are not Russian, you are a second-class citizen. It describes daily racist attacks by violent neo-Nazi skinhead gangs, peaking in 2008 when 110 murders were committed. It describes everyday racism, including in as late as 2021, landlords in Russia being able to list their letting online, as, “for Slavs only.”

[35] On October 5, 2022, CBC news article, also submitted by Counsel, reports that Russian ethnic minorities have suffered the highest casualty rate and bear the brunt of Russia’s war mobilization in Ukraine.

[36] There is objective basis for the claimants’ fear that as persons of Afghani ethnicity, they will be deployed to the frontlines and may be killed in the war against Ukraine.

Well-Founded Fear of Persecution

[37] I find that the claimants’ subjective fear is grounded on objective basis, and is therefore, well-founded.

State Protection

[38] Considering that in regard to conscription, the claimants have a well-founded fear of persecution from the state itself, I find that they will not be able to obtain protection from the authorities.

[39] With regard to violence and discrimination, Item 13.2 states that while there are legislative measures to protect victims of violence or discrimination based on race, their application is entirely dependent on the police officer in charge of the case. Some police officers are helpful and responsive. However, frequently, police officers are inactive when they witness attacks, or they show a lack of interest when approached afterwards.

[40] Of course, as stated in Item 8.7, minorities face violence and discrimination, not only from the society, but from the government as well.

[41] I am satisfied that the claimants will not be able to (inaudible) of state protection in Russia.

Internal Flight Alternative

[42] Item 8.1 states that Russian men aged 18 to 27, who are subject to statutory military service, must under law, notify their local military recruitment office about the place of their residence. A failure to inform military officials about a change of one’s place of residence, as well as a failure to present oneself at a military recruitment office, is an administrative offence.

[43] I find that the claimants would have to register their residence with the government wherever they may relocate. There is no place in Russia where they will be able to escape military conscription or punishment for evasion.

[44] Further, Item 13.2 states that an underlying racism exists throughout the country in the context of resurgence in far-right extremism in Russia.

[45] I therefore find that there is no safe and viable internal flight alternative for the claimants anywhere in Russia.

CONCLUSION

[46] I find that the claimants face a serious possibility of persecution in Russia. I find that the claimants, XXXX XXXXand XXXX XXXX, are Convention refugees, pursuant to section 96 of the IRPA. Their claims for refugee protection are accepted.

——— REASONS CONCLUDED ———