MB9-27555

MB9-27555

The RPD's refusal was set aside because the appellants proved a well-founded fear of persecution in Lebanon and proved they could not return to the UAE (loss of resident status after more than six months away); under Thabet a stateless person need not prove risk in every former habitual residence if return to another is impossible, therefore they are Convention refugees under s.96 IRPA.

Citation
MB9-27555
Parties
Appellant: XXXX XXXX; Spouse: XXXX XXXX; Child: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 December 2020
Procedural Posture
Refugee Protection Appeal / Decision by Refugee Appeal Division
Outcome
Appeal allowed; RPD decision set aside and substituted
Legal Topics
Convention Refugee Determination, Habitual Residence, Returnability, Well Founded Fear of Persecution, Multiple Countries of Former Habitual Residence
Source Language
English
Immigration Law Refugee Law Statelessness Law Convention Refugee Determination Habitual Residence Returnability Well Founded Fear of Persecution Multiple Countries of Former Habitual Residence

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Spouse

XXXX XXXX

Child

Procedural Posture

Refugee Protection Appeal / Decision by Refugee Appeal Division

Legal Issues

  1. 1 Whether a stateless claimant with multiple countries of former habitual residence must establish a risk of persecution in each such country
  2. 2 Whether the appellants can return to the United Arab Emirates given loss of resident status
  3. 3 Whether the appellants qualify as Convention refugees based on persecution in Lebanon and inability to return to the UAE

Ratio Decidendi

The RPD's refusal was set aside because the appellants proved a well-founded fear of persecution in Lebanon and proved they could not return to the UAE (loss of resident status after more than six months away); under Thabet a stateless person need not prove risk in every former habitual residence if return to another is impossible, therefore they are Convention refugees under s.96 IRPA.

Court Disposition

Appeal allowed; RPD decision set aside and substituted

Orders

  • Set aside the RPD determination and substitute the determination that the appellants are Convention refugees under section 96 of the Immigration and Refugee Protection Act
  • Appeal allowed