2023 RLLR 77

2023 RLLR 77

On the balance of probabilities the claimants, as stateless Palestinians, face systemic discrimination and targeted threats including forcible recruitment by Hezbollah in Lebanon, lack state protection and a viable internal flight alternative, and cannot return to the UAE due to expired temporary status; therefore...

Source-derived case information.

Citation
2023 RLLR 77
Parties
Claimant: XXXX XXXX; Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
14 November 2023
Procedural Posture
Refugee Protection Claim / Decision by Refugee Protection Division
Outcome
Both claimants found to be Convention refugees.
Legal Topics
Convention Refugee Determination, Stateless Palestinians, Internal Flight Alternative, State Protection, Nexus to Convention Grounds, Gender Guidelines
Source Language
english
Immigration Refugee Law Statelessness Human Rights Convention Refugee Determination Stateless Palestinians Internal Flight Alternative State Protection +2 more

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Parties

XXXX XXXX

Claimant

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees under ss.96 and 97(1) IRPA
  2. 2 Applicability of statelessness test from Thabet
  3. 3 Existence of nexus between feared harm and Convention grounds

Ratio Decidendi

On the balance of probabilities the claimants, as stateless Palestinians, face systemic discrimination and targeted threats including forcible recruitment by Hezbollah in Lebanon, lack state protection and a viable internal flight alternative, and cannot return to the UAE due to expired temporary status; therefore they meet the definition of Convention refugees under ss.96 and 97(1) IRPA.

Court Disposition

Both claimants found to be Convention refugees.

Orders

  • Claims accepted by the Refugee Protection Division as Convention refugees under ss.96 and 97(1) IRPA