2023 RLLR 71

2023 RLLR 71

The Panel accepted the claimants' identities and credible testimonies, found a clear nexus between the risk feared and the Convention ground of race/nationality, determined that repeated discriminatory acts and violence by state actors and society cumulatively amounted to persecution of Palestinian Arab citizens of Israel, found state protection and an internal flight alternative unavailable, and accordingly concluded the claimants are Convention refugees under section 96 of IRPA.

Citation
2023 RLLR 71
Parties
Principal Claimant: XXXX XXXX; Male Associate Claimant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX; Female Associate Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 July 2023
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Determination by the Refugee Protection Division (final Decision)
Outcome
Joint refugee claim accepted; claimants found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Persecution, Discrimination, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Persecution Discrimination State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Male Associate Claimant

XXXX XXXX

Minor Claimant

XXXX XXXX XXXX

Female Associate Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Determination by the Refugee Protection Division (final Decision)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of IRPA
  2. 2 Whether there is nexus between the risk feared and the Convention ground of race/nationality
  3. 3 Whether cumulative discrimination and violence amounts to persecution rather than mere discrimination

Ratio Decidendi

The Panel accepted the claimants' identities and credible testimonies, found a clear nexus between the risk feared and the Convention ground of race/nationality, determined that repeated discriminatory acts and violence by state actors and society cumulatively amounted to persecution of Palestinian Arab citizens of Israel, found state protection and an internal flight alternative unavailable, and accordingly concluded the claimants are Convention refugees under section 96 of IRPA.

Court Disposition

Joint refugee claim accepted; claimants found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act

Orders

  • Joint claim accepted and claimants declared Convention refugees under section 96 of IRPA