2020 RLLR 38

2020 RLLR 38

Despite credibility concerns about one alleged attack, the panel found on balance that the claimants are stateless Palestinians with a nexus to a Convention ground, that they would be persecuted in Lebanon given objective evidence of discrimination, violence in camps, lack of state protection and no viable internal flight alternative, and that the UAE is not available as a safe return; therefore the claimants qualify as Convention refugees.

Citation
2020 RLLR 38
Parties
Claimant: Claimant; Minor Claimant: Minor claimant
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
21 January 2020
Procedural Posture
Refugee Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Hearing Decision
Outcome
Claim allowed; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Former Habitual Residence, State Protection, Internal Flight Alternative, Persecution, Nexus, Credibility
Source Language
English
Immigration Refugee Law Statelessness Law Convention Refugee Former Habitual Residence State Protection Internal Flight Alternative Persecution +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Claimant

Claimant

Minor claimant

Minor Claimant

Procedural Posture

Refugee Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Hearing Decision

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees
  2. 2 Whether Lebanon or the UAE is a country of former habitual residence for stateless claimants
  3. 3 Whether statelessness alone establishes refugee status

Ratio Decidendi

Despite credibility concerns about one alleged attack, the panel found on balance that the claimants are stateless Palestinians with a nexus to a Convention ground, that they would be persecuted in Lebanon given objective evidence of discrimination, violence in camps, lack of state protection and no viable internal flight alternative, and that the UAE is not available as a safe return; therefore the claimants qualify as Convention refugees.

Court Disposition

Claim allowed; claimants found to be Convention refugees

Orders

  • Claimants recognized as Convention refugees
  • Claimants' refugee claims accepted by the Refugee Protection Division