MA8-12490

MA8-12490

The Tribunal found that the alleged harassment and discrimination did not amount to persecution because claimants failed to establish denial of core human rights or lack of state protection in Israel; therefore the refugee claims under sections 96 and 97 IRPA were rejected.

Citation
MA8-12490
Parties
Principal Claimant: XXXX XXXXXX; Spouse: XXXX XXXXXX; Minor Claimant: XXXX XXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 October 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision Following Hearing
Outcome
Claims rejected
Legal Topics
Persecution, State Protection, Harassment, Discrimination, Religion, Multiple Nationality, Risk Assessment
Source Language
English
Immigration Refugee Protection Nationality Human Rights Persecution State Protection Harassment Discrimination +3 more

Case Brief

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Parties

XXXX XXXXXX

Principal Claimant

XXXX XXXXXX

Spouse

XXXX XXXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision Following Hearing

Legal Issues

  1. 1 Whether the treatment feared amounts to persecution under Canadian law
  2. 2 Whether state protection in Israel was available and effective
  3. 3 Credibility and sufficiency of evidence of harassment, discrimination and threats

Ratio Decidendi

The Tribunal found that the alleged harassment and discrimination did not amount to persecution because claimants failed to establish denial of core human rights or lack of state protection in Israel; therefore the refugee claims under sections 96 and 97 IRPA were rejected.

Court Disposition

Claims rejected

Orders

  • Claimants' refugee claims are rejected under section 96 of the Immigration and Refugee Protection Act
  • Claims under section 97(1)(a) and (b) of the Immigration and Refugee Protection Act are rejected as no other risk was established