2023 RLLR 64

2023 RLLR 64

On the balance of probabilities the claimants established they are Palestinian Arab Muslims who face systemic and individual discrimination by state and societal agents in Israel amounting to persecution with a nexus to Convention grounds; state protection and an internal flight alternative are not available, therefore they meet the Convention refugee definition under section 96 IRPA.

Citation
2023 RLLR 64
Parties
Principal Claimant: XXXX XXXX XXXX; Co Claimant (spouse): XXXX XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
6 October 2023
Procedural Posture
Refugee Protection Claim (rpd) / Determination/decision (final)
Outcome
Claimants found to be Convention refugees; claim accepted
Legal Topics
Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Nexus to Convention Grounds, Discrimination Amounting to Persecution
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Persecution State Protection Internal Flight Alternative Credibility Assessment +2 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Co Claimant (spouse)

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (rpd) / Determination/decision (final)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether there is nexus between feared harms and Convention grounds (race, nationality, religion)
  3. 3 Credibility of testimony and weight of documentary evidence

Ratio Decidendi

On the balance of probabilities the claimants established they are Palestinian Arab Muslims who face systemic and individual discrimination by state and societal agents in Israel amounting to persecution with a nexus to Convention grounds; state protection and an internal flight alternative are not available, therefore they meet the Convention refugee definition under section 96 IRPA.

Court Disposition

Claimants found to be Convention refugees; claim accepted