2020 RLLR 87

2020 RLLR 87

On the facts, the principal claimant faces a likelihood of death or cruel and unusual treatment in Jordan arising from targeted honour‑based threats and assault, and there is no adequate state protection or viable internal flight alternative; therefore he is a person in need of protection under s.97(1); the minor claimant and the associated claimant did not establish a well‑founded fear of persecution tied to a Convention ground nor a s.97 risk and their claims are denied; for the stateless associated claimant, the UAE (where she spent most of her life) is her country of former habitual residence, not Syria.

Citation
2020 RLLR 87
Parties
Principal Claimant (citizen of Jordan): [XXX]; Minor Claimant (daughter, Citizen of Jordan): [XXX]; Associated Claimant (wife, Former Habitual Resident of Uae, Stateless Palestinian): [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
16 March 2020
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Decision (reasons for Decision)
Outcome
Principal claimant accepted as a person in need of protection under s.97(1); minor claimant and associated claimant refused (not Convention refugees nor persons in need of protection).
Legal Topics
Convention Refugee Determination (s.96), Person in Need of Protection (s.97), Country of Former Habitual Residence, State Protection, Internal Flight Alternative, Credibility Assessment, Gender‑based Claims
Source Language
English
Immigration Refugee Law Statelessness Public International Law (non‑refoulement) Convention Refugee Determination (s.96) Person in Need of Protection (s.97) Country of Former Habitual Residence State Protection +3 more

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Parties

[XXX]

Principal Claimant (citizen of Jordan)

[XXX]

Minor Claimant (daughter, Citizen of Jordan)

[XXX]

Associated Claimant (wife, Former Habitual Resident of Uae, Stateless Palestinian)

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Refugee Protection Division Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the principal claimant is a person in need of protection under s.97
  2. 2 Whether the principal, minor and associated claimants are Convention refugees under s.96
  3. 3 Whether the associated claimant's country of former habitual residence is Syria or the UAE

Ratio Decidendi

On the facts, the principal claimant faces a likelihood of death or cruel and unusual treatment in Jordan arising from targeted honour‑based threats and assault, and there is no adequate state protection or viable internal flight alternative; therefore he is a person in need of protection under s.97(1); the minor claimant and the associated claimant did not establish a well‑founded fear of persecution tied to a Convention ground nor a s.97 risk and their claims are denied; for the stateless associated claimant, the UAE (where she spent most of her life) is her country of former habitual residence, not Syria.

Court Disposition

Principal claimant accepted as a person in need of protection under s.97(1); minor claimant and associated claimant refused (not Convention refugees nor persons in need of protection).

Orders

  • Principal claimant's claim accepted; minor claimant's claim denied; associated claimant's claim denied.