TB8-10075

TB8-10075

The RAD found that the RPD erred by failing to adequately canvass and assess cumulative legal and societal discrimination faced by stateless Palestinian appellants in Kuwait; the documented and corroborated pattern of discrimination and the co-appellant's gender-based abuse, considered cumulatively, amount to a serious possibility of persecution and inadequate state protection, therefore the RAD set aside the RPD decision and found the Principal and Co-Appellant to be Convention refugees while dismissing the claims of the American children.

Citation
TB8-10075
Parties
Principal Appellant: XXXX XXXX XXXX; Co Appellant: XXXX XXXX XXXX XXXX XXXX; American Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 December 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division
Outcome
Appeal allowed in part; Principal Appellant and Co-Appellant found to be Convention refugees; American Appellants' appeal dismissed.
Legal Topics
Persecution, Statelessness, Discrimination, Gender Based Violence, Internal Flight Alternative, Admission of Fresh Evidence
Source Language
English
Immigration Law Refugee Law Human Rights Persecution Statelessness Discrimination Gender Based Violence Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Co Appellant

XXXX XXXX XXXX

American Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division

Legal Issues

  1. 1 Whether discrimination against stateless Palestinians in Kuwait cumulatively amounts to persecution
  2. 2 Whether the RPD adequately considered and canvassed discrimination evidence
  3. 3 Whether new and late evidence should be admitted on appeal

Ratio Decidendi

The RAD found that the RPD erred by failing to adequately canvass and assess cumulative legal and societal discrimination faced by stateless Palestinian appellants in Kuwait; the documented and corroborated pattern of discrimination and the co-appellant's gender-based abuse, considered cumulatively, amount to a serious possibility of persecution and inadequate state protection, therefore the RAD set aside the RPD decision and found the Principal and Co-Appellant to be Convention refugees while dismissing the claims of the American children.

Court Disposition

Appeal allowed in part; Principal Appellant and Co-Appellant found to be Convention refugees; American Appellants' appeal dismissed.

Orders

  • Set aside the RPD determination and substitute a finding that the Principal Appellant and the Co-Appellant are Convention refugees pursuant to IRPA s.111(1)(b).
  • Dismiss the appeal and confirm the RPD decision that the American Appellants are neither Convention refugees nor persons in need of protection pursuant to IRPA s.111(1)(a).