2023 RLLR 260

2023 RLLR 260

On the balance of probabilities the claimants are stateless Palestinians with credible testimony corroborated by documentation and country evidence showing systemic, state‑linked discrimination in Lebanon that gives rise to a well‑founded fear of persecution on account of nationality; they cannot obtain Lebanese or...

Source-derived case information.

Citation
2023 RLLR 260
Parties
Principal Claimant (pc): XXXX XXXX; Associate Claimant (ac): XXXX XXXX XXXX; Minor Claimant #1 (mc#1): XXXX XXXX (also known as XXXX XXXX); Minor Claimant #2 (mc#2): XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 December 2023
Procedural Posture
Refugee Protection (convention Refugee Claim) / Decision of the Refugee Protection Division
Outcome
Claimants found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Well Founded Fear of Persecution, Country of Former Habitual Residence, State Protection, Internal Flight Alternative, Nexus to Convention Ground, Credibility Assessment
Source Language
english
Immigration Law Refugee Law Nationality Law Statelessness Human Rights Convention Refugee Well Founded Fear of Persecution Country of Former Habitual Residence +4 more

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Parties

XXXX XXXX

Principal Claimant (pc)

XXXX XXXX XXXX

Associate Claimant (ac)

XXXX XXXX (also known as XXXX XXXX)

Minor Claimant #1 (mc#1)

XXXX XXXX

Minor Claimant #2 (mc#2)

Procedural Posture

Refugee Protection (convention Refugee Claim) / Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees under section 96 IRPA
  2. 2 Whether the claimants have a country of nationality or multiple countries of former habitual residence
  3. 3 Whether the claimants have a nexus to a Convention ground (nationality)

Ratio Decidendi

On the balance of probabilities the claimants are stateless Palestinians with credible testimony corroborated by documentation and country evidence showing systemic, state‑linked discrimination in Lebanon that gives rise to a well‑founded fear of persecution on account of nationality; they cannot obtain Lebanese or other citizenship, cannot return to their CFHRs, and have no state protection or viable internal flight alternative, therefore they meet the definition of Convention refugees under section 96 IRPA.

Court Disposition

Claimants found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act.

Orders

  • The Board accepts the claimants' claims and determines they are Convention refugees pursuant to section 96 of the IRPA.
  • Principal claimant designated as representative for the minor claimants pursuant to subsection 167(2) IRPA and Rule 20 of the Refugee Protection Division Rules.