MB9-11104

MB9-11104

Lebanon is a country of reference because under Lebanese law the appellants have an automatic right to Lebanese nationality through a Lebanese father/grandfather; appellants did not prove on a balance of probabilities a significant impediment nor that they made reasonable efforts to obtain the required formalities (despite embassy guidance and available procedural avenues); they did not establish a personalized risk of persecution in Lebanon; procedural fairness and impartiality were not breached. Therefore the RPD's rejection of the refugee claims was correct and is confirmed.

Citation
MB9-11104
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Adult Daughter (appellant): XXXX XXXX XXXX; Minor Children (appellants): XXXX XXXX XXXX XXXX; XXXX XXXX XXXX; XXXX XXXX XXXX; XXXX XXXX XXXX; XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 December 2019
Procedural Posture
Refugee Appeal From Refugee Protection Division Decision / Final Decision at Refugee Appeal Division (reasons and Dismissal)
Outcome
Appeals dismissed; decision of the Refugee Protection Division dated April 25, 2019 confirmed by RAD
Legal Topics
Country of Reference, Acquisition of Nationality, Procedural Fairness, Bias, Admissibility of New Evidence, Standard of Review, Gender Related Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Nationality Law Country of Reference Acquisition of Nationality Procedural Fairness Bias +3 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Adult Daughter (appellant)

XXXX XXXX XXXX XXXX; XXXX XXXX XXXX; XXXX XXXX XXXX; XXXX XXXX XXXX; XXXX XXXX XXXX

Minor Children (appellants)

Procedural Posture

Refugee Appeal From Refugee Protection Division Decision / Final Decision at Refugee Appeal Division (reasons and Dismissal)

Legal Issues

  1. 1 Whether the RPD breached rules of natural justice or demonstrated bias
  2. 2 Whether Lebanon is a country of reference for the appellants
  3. 3 Whether appellants made reasonable efforts to acquire Lebanese nationality or face significant impediments

Ratio Decidendi

Lebanon is a country of reference because under Lebanese law the appellants have an automatic right to Lebanese nationality through a Lebanese father/grandfather; appellants did not prove on a balance of probabilities a significant impediment nor that they made reasonable efforts to obtain the required formalities (despite embassy guidance and available procedural avenues); they did not establish a personalized risk of persecution in Lebanon; procedural fairness and impartiality were not breached. Therefore the RPD's rejection of the refugee claims was correct and is confirmed.

Court Disposition

Appeals dismissed; decision of the Refugee Protection Division dated April 25, 2019 confirmed by RAD

Orders

  • Appeals dismissed
  • Decision of the Refugee Protection Division of April 25, 2019 is confirmed