Internal Flight Anarchy: Points of Divergence from UNHCR Guidelines in Canadian Decision Making

Pia Zambelli

International Journal of Refugee Law, 2024, vol. 36, issue 3, 248-281

Abstract: Over the years, Canadian decision makers have come to apply the concept of ‘internal flight alternative’ (IFA) more expansively than recommended by the United Nations High Commissioner for Refugees (UNHCR). Given the significant proportion of refugee claims that are refused on the basis of this concept each year, this divergence of interpretation has a real-life impact. To examine this phenomenon, the article provides a brief overview of the IFA concept, including a review of the scholarly literature and UNHCR guidance. Next, it traces the concept’s development in Canadian law and highlights points of divergence with UNHCR’s position. Finally, the article discusses potential strategies for realignment. The goal is to encourage practitioners and decision makers to think more deeply about the IFA concept, to raise awareness in regard to existing scholarship and applicable norms, and to ensure that these norms are applied in a conscious, humane, and consistent manner.

Date: 2024
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