TA4-07487

TA4-07487

The panel found the evidence established discrimination against Arab Christians in Israel but not the serious, repeated or systematic harm required for Convention refugee status; claimants failed to provide clear and convincing evidence that state protection was inadequate or that they personally faced a real risk of persecution, and their delay and failure to claim in the United States undermined credibility, therefore claims were rejected.

Citation
TA4-07487
Parties
Claimant: XXXXX XXXXX; Refugee Protection Officer: C. Gibbs; Designated Representative: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 July 2005
Procedural Posture
Refugee Protection Claim (irb Refugee Protection Division) / Final Decision on Merits After Hearing
Outcome
Claims dismissed; negative determination on refugee protection and person in need of protection grounds
Legal Topics
Persecution Vs Discrimination, State Protection, Internal Flight Alternative, Delay and Failure to Claim, Reasonable Apprehension of Bias, Person in Need of Protection (s.97 Irpa)
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Persecution Vs Discrimination State Protection Internal Flight Alternative Delay and Failure to Claim +2 more

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Parties

XXXXX XXXXX

Claimant

C. Gibbs

Refugee Protection Officer

XXXXX XXXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irb Refugee Protection Division) / Final Decision on Merits After Hearing

Legal Issues

  1. 1 Whether claimants face persecution on account of religion and ethnicity
  2. 2 Whether discrimination rises to persecution
  3. 3 Whether adequate state protection is available

Ratio Decidendi

The panel found the evidence established discrimination against Arab Christians in Israel but not the serious, repeated or systematic harm required for Convention refugee status; claimants failed to provide clear and convincing evidence that state protection was inadequate or that they personally faced a real risk of persecution, and their delay and failure to claim in the United States undermined credibility, therefore claims were rejected.

Court Disposition

Claims dismissed; negative determination on refugee protection and person in need of protection grounds

Orders

  • Claims of XXXXX XXXXX (age 39), XXXXX XXXXX (age 31), XXXXX XXXXX (age 10) and XXXXX XXXXX (age 7) are rejected.
  • Negative determination issued July 4, 2005 by the Refugee Protection Division.