2023 RLLR 69

2023 RLLR 69

The claimants established China and Saudi Arabia as countries of former habitual residence, demonstrated nexus to Convention grounds (Palestinian ethnicity and Sunni Muslim religion), proved a well‑founded subjective and objective fear of persecution in China, and showed state protection and an internal flight alternative in China were unavailable; they also cannot legally return to Saudi Arabia — therefore they meet the criteria for recognition as Convention refugees under ss.96/97(1) IRPA.

Citation
2023 RLLR 69
Parties
Claimant (male): XXXX XXXX XXXX XXXX; Claimant (female): XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 November 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division
Outcome
Claimants accepted as Convention refugees
Legal Topics
Convention Refugee, Country of Former Habitual Residence, State Protection, Internal Flight Alternative, Persecution for Religion and Ethnicity, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Statelessness Administrative Law Convention Refugee Country of Former Habitual Residence State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant (male)

XXXX XXXX XXXX XXXX

Claimant (female)

XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants are Convention refugees under sections 96 and 97(1) of the IRPA
  2. 2 Which countries qualify as countries of former habitual residence
  3. 3 Whether the claimants demonstrated nexus to a Convention ground (religion and ethnicity)

Ratio Decidendi

The claimants established China and Saudi Arabia as countries of former habitual residence, demonstrated nexus to Convention grounds (Palestinian ethnicity and Sunni Muslim religion), proved a well‑founded subjective and objective fear of persecution in China, and showed state protection and an internal flight alternative in China were unavailable; they also cannot legally return to Saudi Arabia — therefore they meet the criteria for recognition as Convention refugees under ss.96/97(1) IRPA.

Court Disposition

Claimants accepted as Convention refugees

Orders

  • Claimants' refugee claims accepted; claimants recognized as Convention refugees