TB9-34913

TB9-34913

The Tribunal found that the objective documentary evidence establishes that Palestinians in Lebanon face systemic, state‑imposed restrictions across housing, employment, property, education and health that other foreigners do not, and that those cumulative restrictions constitute persecution; accordingly the Tribunal substituted its own decision and found the stateless appellants to be Convention refugees, while upholding the RPD's refusal for the American appellants.

Citation
TB9-34913
Parties
Principal Appellant: XXXX XXXX; Co Appellant: XXXX XXXX XXXX; American Appellant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX; American Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 February 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal / Reasons for Decision
Outcome
Appeal allowed in part: substituted decision that certain stateless appellants are Convention refugees; other appeals dismissed.
Legal Topics
Persecution, Internal Flight Alternative, Statelessness, Discrimination, Convention Refugee Status
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Persecution Internal Flight Alternative Statelessness Discrimination +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Co Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX

American Appellant

XXXX XXXX XXXX XXXX

American Appellant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal / Reasons for Decision

Legal Issues

  1. 1 Whether discrimination against stateless Palestinians in Lebanon cumulatively amounts to persecution
  2. 2 Whether a viable internal flight alternative (Beirut) existed for the stateless appellants
  3. 3 Whether the American appellants had a well-founded fear of persecution in the United States

Ratio Decidendi

The Tribunal found that the objective documentary evidence establishes that Palestinians in Lebanon face systemic, state‑imposed restrictions across housing, employment, property, education and health that other foreigners do not, and that those cumulative restrictions constitute persecution; accordingly the Tribunal substituted its own decision and found the stateless appellants to be Convention refugees, while upholding the RPD's refusal for the American appellants.

Court Disposition

Appeal allowed in part: substituted decision that certain stateless appellants are Convention refugees; other appeals dismissed.

Orders

  • Appeal allowed for XXXX XXXX and XXXX XXXX XXXX XXXX: substitute decision that these appellants are Convention refugees.
  • Appeal dismissed for XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX: RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection.