TC0-10641

TC0-10641

The Principal Appellant and Minor Appellants were found to be stateless and would, on a balance of probabilities, face mandatory imprisonment upon return to Saudi Arabia which, because they have no country to which they can be deported, would be indefinite and arbitrary; Saudi legal and detention processes lack effective safeguards and expose detainees (including children) to inhumane conditions and absence of review, rendering the detention cruel and unusual and imposed in disregard of accepted international standards, therefore they are persons in need of protection under paragraph 97(1)(b) IRPA; the Associate Appellant's claim based on gendered inability to transmit Jordanian...

Citation
TC0-10641
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) From Refugee Protection Division Decision / Decision on Appeal – Substituted Determination and Partial Allowance
Outcome
Appeal allowed in part: Principal Appellant and Minor Appellants found persons in need of protection; Associate Appellant's appeal dismissed
Legal Topics
Procedural Fairness (allegations Against Former Counsel), New Evidence Admissibility, Statelessness, Indefinite Detention, Cruel and Unusual Punishment, Gender Discrimination and Citizenship Transmission, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Administrative Law International Human Rights Law Procedural Fairness (allegations Against Former Counsel) New Evidence Admissibility Statelessness Indefinite Detention +3 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Minor Appellants

Procedural Posture

Refugee Appeal (refugee Appeal Division) From Refugee Protection Division Decision / Decision on Appeal – Substituted Determination and Partial Allowance

Legal Issues

  1. 1 Whether new evidence should be admitted on appeal
  2. 2 Whether ineffective assistance of former counsel breached procedural fairness and caused prejudice
  3. 3 Whether RPD erred in credibility and negative inference findings

Ratio Decidendi

The Principal Appellant and Minor Appellants were found to be stateless and would, on a balance of probabilities, face mandatory imprisonment upon return to Saudi Arabia which, because they have no country to which they can be deported, would be indefinite and arbitrary; Saudi legal and detention processes lack effective safeguards and expose detainees (including children) to inhumane conditions and absence of review, rendering the detention cruel and unusual and imposed in disregard of accepted international standards, therefore they are persons in need of protection under paragraph 97(1)(b) IRPA; the Associate Appellant's claim based on gendered inability to transmit Jordanian...

Court Disposition

Appeal allowed in part: Principal Appellant and Minor Appellants found persons in need of protection; Associate Appellant's appeal dismissed

Orders

  • Pursuant to paragraph 111(1)(b) of IRPA, set aside the RPD determination with respect to the Principal Appellant and Minor Appellants and substitute a determination that they are persons in need of protection
  • Pursuant to paragraph 111(1)(a) of IRPA, confirm the RPD determination with respect to the Associate Appellant (appeal rejected)