VC2-09478

VC2-09478

On an independent review the RAD found on the balance of probabilities that the appellant faces a real risk of forced recruitment by Hezbollah because of his specific and valuable skills and past threats, and that, cumulatively, systemic discrimination and deprivation faced by stateless Palestinians in Lebanon amount to persecution; adequate state protection and any internal flight alternative are not reasonably available anywhere in Lebanon; accordingly the appellant qualifies as a Convention refugee and the appeal is allowed.

Citation
VC2-09478
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 March 2023
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Final Decision Appeal Allowed; Substituted Decision
Outcome
Appeal allowed; substituted decision that the appellant is a Convention refugee
Legal Topics
Convention Refugee Status, Persecution, State Protection, Forced Recruitment, Statelessness, Cumulative Discrimination
Source Language
English
Immigration Refugee Law Human Rights Nationality/statelessness Convention Refugee Status Persecution State Protection Forced Recruitment +2 more

Case Brief

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Citizenship and Immigration

Respondent / Minister

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Final Decision Appeal Allowed; Substituted Decision

Legal Issues

  1. 1 Whether the appellant faces a serious possibility of persecution if returned to Lebanon
  2. 2 Whether forced recruitment by Hezbollah based on the appellant's skills constitutes persecution or a Convention ground
  3. 3 Whether discrimination against stateless Palestinians in Lebanon cumulatively amounts to persecution

Ratio Decidendi

On an independent review the RAD found on the balance of probabilities that the appellant faces a real risk of forced recruitment by Hezbollah because of his specific and valuable skills and past threats, and that, cumulatively, systemic discrimination and deprivation faced by stateless Palestinians in Lebanon amount to persecution; adequate state protection and any internal flight alternative are not reasonably available anywhere in Lebanon; accordingly the appellant qualifies as a Convention refugee and the appeal is allowed.

Court Disposition

Appeal allowed; substituted decision that the appellant is a Convention refugee

Orders

  • Appeal allowed
  • Substitute decision: Appellant is a Convention refugee