2024 RLLR 29

2024 RLLR 29

On the balance of probabilities the claimants rebutted the presumption of adequate state protection: credible personal evidence, corroborating objective evidence and testimony of an experienced Israeli police officer established that Israeli authorities cannot adequately protect these Arab Christian claimants from...

Source-derived case information.

Citation
2024 RLLR 29
Parties
Principal Claimant: XXXX XXXX; Associate Claimant (spouse): XXXX XXXX; Minor Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
2 February 2024
Procedural Posture
Refugee Protection (irpa Ss.96 97) / Hearing and Decision (merits)
Outcome
Claims accepted; claimants found to be persons in need of protection
Legal Topics
State Protection, Internal Flight Alternative, Non State Actor Persecution, Credibility, Risk to Life, Minor Claimant Representation, Religious/ethnic Minority
Source Language
english
Immigration Law Refugee Law Administrative Law Public International Law Criminal Law (state Protection) State Protection Internal Flight Alternative Non State Actor Persecution +4 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant (spouse)

XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection (irpa Ss.96 97) / Hearing and Decision (merits)

Legal Issues

  1. 1 Whether the claimants are persons in need of protection under ss.96-97 IRPA
  2. 2 Whether the presumption of adequate state protection for Israeli citizens is rebutted
  3. 3 Whether the Israeli state can provide effective protection against organized criminal gangs

Ratio Decidendi

On the balance of probabilities the claimants rebutted the presumption of adequate state protection: credible personal evidence, corroborating objective evidence and testimony of an experienced Israeli police officer established that Israeli authorities cannot adequately protect these Arab Christian claimants from organized criminal gangs, and no viable internal flight alternative exists; therefore each claimant is a person in need of protection under ss.96-97 IRPA.

Court Disposition

Claims accepted; claimants found to be persons in need of protection

Orders

  • Claimants' claims accepted and each claimant is granted Canada’s protection (claims accepted for Canada’s protection)