2023 RLLR 70

2023 RLLR 70

The claimants are Convention refugees because, on the balance of probabilities, as stateless Palestinians with de facto residence in Saudi Arabia they face a serious possibility of persecution—indefinite detention and deportation with nowhere to go—based on their nationality and imputed political opinion, and there...

Source-derived case information.

Citation
2023 RLLR 70
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 November 2023
Procedural Posture
Refugee Claim Convention Refugee Determination / Final Decision
Outcome
Claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Statelessness, Imputed Political Opinion, State Protection, Internal Flight Alternative, Detention and Deportation
Source Language
english
Immigration Law Refugee Law Human Rights Law Convention Refugee Statelessness Imputed Political Opinion State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Claim Convention Refugee Determination / Final Decision

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees under section 96 of the IRPA
  2. 2 Which country is the country of former habitual residence for stateless claimants
  3. 3 Whether claimants face a serious possibility of persecution based on nationality (stateless Palestinian) and imputed political opinion

Ratio Decidendi

The claimants are Convention refugees because, on the balance of probabilities, as stateless Palestinians with de facto residence in Saudi Arabia they face a serious possibility of persecution—indefinite detention and deportation with nowhere to go—based on their nationality and imputed political opinion, and there is no adequate state protection or safe internal flight alternative within Saudi Arabia.

Court Disposition

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

Orders

  • Claimants accepted as Convention refugees