TB9-00875

TB9-00875

On the facts the panel found that two claimants born in Gaza were convention refugees because they have been denied the right of return to Palestine and that denial is persecutory and directly related to their Palestinian status with no effective state protection or internal flight alternative; conversely, the panel...

Source-derived case information.

Citation
TB9-00875
Parties
Claimant: XXXX XXXX; Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 December 2019
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Partially allowed: two claimants born in Gaza accepted as Convention refugees; remaining claims of principal claimant, spouse, several children and US-born child dismissed.
Legal Topics
Convention Refugee, Country of Former Habitual Residence, Statelessness, Credibility, State Protection, Internal Flight Alternative, Gender Based Persecution, Right of Return, Denial of Entry, Detention
Source Language
english
Immigration Law Refugee Law Administrative Law Convention Refugee Country of Former Habitual Residence Statelessness Credibility State Protection +5 more

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Parties

XXXX XXXX

Claimant

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX

Designated Representative

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 identity of claimants and statelessness
  2. 2 credibility of testimony
  3. 3 determination of countries of former habitual residence (CFHR)

Ratio Decidendi

On the facts the panel found that two claimants born in Gaza were convention refugees because they have been denied the right of return to Palestine and that denial is persecutory and directly related to their Palestinian status with no effective state protection or internal flight alternative; conversely, the panel found that the principal claimant, his spouse, their children and the US-born child failed credibility or failed to establish a nexus to a Convention ground and that generalized Saudi regulatory, labor and social restrictions on non-citizens do not constitute persecution under the Convention.

Court Disposition

Partially allowed: two claimants born in Gaza accepted as Convention refugees; remaining claims of principal claimant, spouse, several children and US-born child dismissed.

Orders

  • Accept refugee claims of the two claimants born in Gaza as Convention refugees pursuant to section 96 of the IRPA
  • Dismiss refugee and protection claims of the principal claimant, his spouse, the listed minor children, and the US-born claimant pursuant to sections 96 and 97(1)(a),(b) of the IRPA