MB9-26386

MB9-26386

The Refugee Appeal Division allowed the appeal because objective evidence and testimony established that as stateless Palestinians the adult appellants would face cumulative state and societal discrimination amounting to persecution in Lebanon, and they cannot return to the UAE; similarly the minors would face persecution in the UAE as separated stateless Palestinian children; the RPD erred by failing to complete the required country-of-reference analysis and failed to assess persecution in Lebanon.

Citation
MB9-26386
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 January 2020
Procedural Posture
Refugee Appeal / Reasons for Decision
Outcome
Appeal allowed; RPD determination set aside and substituted.
Legal Topics
Persecution, Country of Habitual Residence, Section 97 IRPA, Convention Refugee Status, Separated Children, Non Refoulement
Source Language
English
Immigration Refugee Law Statelessness Administrative Law Human Rights Persecution Country of Habitual Residence Section 97 IRPA +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / Reasons for Decision

Legal Issues

  1. 1 Whether as Palestinians the adult appellants would be persecuted in Lebanon
  2. 2 Whether the adult appellants can return to the United Arab Emirates
  3. 3 Whether the minor appellants would be persecuted in the United Arab Emirates

Ratio Decidendi

The Refugee Appeal Division allowed the appeal because objective evidence and testimony established that as stateless Palestinians the adult appellants would face cumulative state and societal discrimination amounting to persecution in Lebanon, and they cannot return to the UAE; similarly the minors would face persecution in the UAE as separated stateless Palestinian children; the RPD erred by failing to complete the required country-of-reference analysis and failed to assess persecution in Lebanon.

Court Disposition

Appeal allowed; RPD determination set aside and substituted.

Orders

  • Pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act the Refugee Appeal Division sets aside the RPD determination and substitutes its own determination that the appellants are Convention refugees.