TB8-18846

TB8-18846

Appeal dismissed because appellants failed to establish a well-founded fear of persecution: stateless appellants did not show persecution by Saudi Arabia (job loss and statelessness are not persecution on convention grounds and re-entry issues arise from lack of residency permit), and the co-Appellant failed to...

Source-derived case information.

Citation
TB8-18846
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Co Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 December 2019
Procedural Posture
Refugee Appeal RAD / Reasons and Decision (appeal Heard)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee Status, State Protection, Credibility Findings, Persecution, Nationality/statelessness, Gender Based Claims, Tribal Law Influence, Employment Policy (saudization)
Source Language
english
Immigration Law Refugee Law Statelessness Administrative Law Convention Refugee Status State Protection Credibility Findings Persecution +4 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Co Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal RAD / Reasons and Decision (appeal Heard)

Legal Issues

  1. 1 Whether stateless appellants have a well-founded fear of persecution in Saudi Arabia
  2. 2 Whether the co-Appellant established credibility and a risk of persecution in Jordan
  3. 3 Whether the RPD misapprehended or failed to give proper weight to key evidence (lawyer's letter, dates, name spellings)

Ratio Decidendi

Appeal dismissed because appellants failed to establish a well-founded fear of persecution: stateless appellants did not show persecution by Saudi Arabia (job loss and statelessness are not persecution on convention grounds and re-entry issues arise from lack of residency permit), and the co-Appellant failed to establish credibility and that the alleged powerful family could or would cause state protection to fail in Jordan; therefore the RPD decision refusing refugee protection is confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated July 16, 2018 confirmed