Canada Case Law

VC2-09478

Court

Refugee Appeal Division

On an independent review the RAD found on the balance of probabilities that the appellant faces a real risk of forced recruitment by Hezbollah because of his specific and valuable skills and past threats, and that, cumulatively, systemic discrimination and deprivation faced by stateless Palestinians in Lebanon amount to persecution; adequate state protection and any internal flight alternative are not reasonably available anywhere in Lebanon; accordingly the appellant qualifies as a Convention refugee and the appeal is allowed.

Source excerpt

• Convention refugee status
• Persecution
• State protection
• Forced recruitment
• Statelessness
• Cumulative discrimination

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Salim v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed a judicial review by stateless Palestinians from the UAE, upholding the Refugee Protection Division’s findings on subjective fear, credibility, and lack of persecution.

• Convention refugee
• Person in need of protection (s.97)
• Subjective fear
• Persecution vs. discrimination
• Safe third country/first country of arrival
• Credibility assessment

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TB3-09530

Court

Refugee Protection Division

The claimant was found to have declared citizenship of the Palestinian Authority on his application forms, so risk must be assessed against that country; claimant stated he would not fear the Palestinian Authority and materially inconsistent prior statements and omissions about detention and a signed agreement destroyed his credibility; therefore he failed to prove a serious possibility of persecution or that he would, on the balance of probabilities, face torture, risk to life or cruel and unusual treatment — claim rejected.

Source excerpt

• Convention refugee determination
• Risk of torture/death
• Credibility/consistency of evidence
• Country of nationality assessment

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