PALESTINIAN – DISCRIMINATION AMOUNTING TO PERSECUTION – X (Re), 2017 CanLII 146937 (CA IRB)
The Appellant is a stateless Palestinian born in Lebanon living in the UAE. He claims that the rights of Palestinians are limited in Lebanon, they are discriminated against and at the mercy of various controlling factions. He claims during a trip back to Lebanon, he was threatened by a member of the Hezbollah and fears that that the state cannot protect him.
The Refugee Protection Division (RPD) found the Appellant not credible in regard to material aspects of his claim relating to his trip back to Lebanon. The RPD determined his experiences as a stateless Palestinian in Lebanon taken individually or cumulatively did not rise to the level of persecution.
The Refugee Appeal Division (RAD) found that Palestinian refugees faced social discrimination in general and did not have any real legal protection in or outside the camps. They also have restricted access to public education, health care, social service and employment. In combination to the particular circumstances of the Appellant, the RAD found that he would be subjected to discrimination amounting to persecution in Lebanon. The RAD substituted the decision and determined that the Appellant is a Convention refugee pursuant to s.111(1)(b) of the IRPA.