VB6-04822

VB6-04822

The RPD accepted that the claimants, as stateless Palestinians and women, face discriminatory treatment but concluded the discrimination did not amount to persecution on a Convention ground; the principal claimant was credible as to the key events but her generalizations reduced evidentiary weight; an internal flight alternative to Amman was reasonable and would avoid the husband's threats; accordingly the claimants are neither Convention refugees nor persons in need of protection under ss.96 and 97 and the claim is denied.

Citation
VB6-04822
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX XXXX; Associated Claimant: XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 July 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / RPD Hearing and Decision (claim Denied)
Outcome
Refugee protection claim denied; claimants found not to be Convention refugees and not persons in need of protection under subsection 97(1) of the Act.
Legal Topics
Convention Refugee, Person in Need of Protection, Statelessness, Gender Based Persecution, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Person in Need of Protection Statelessness Gender Based Persecution Internal Flight Alternative

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX XXXX

Associated Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / RPD Hearing and Decision (claim Denied)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96
  2. 2 Whether claimants are persons in need of protection under subsection 97(1)
  3. 3 Whether discrimination against stateless Palestinians and gender-based discrimination amount to persecution

Ratio Decidendi

The RPD accepted that the claimants, as stateless Palestinians and women, face discriminatory treatment but concluded the discrimination did not amount to persecution on a Convention ground; the principal claimant was credible as to the key events but her generalizations reduced evidentiary weight; an internal flight alternative to Amman was reasonable and would avoid the husband's threats; accordingly the claimants are neither Convention refugees nor persons in need of protection under ss.96 and 97 and the claim is denied.

Court Disposition

Refugee protection claim denied; claimants found not to be Convention refugees and not persons in need of protection under subsection 97(1) of the Act.