Citation: 2019 RLLR 92
Tribunal: Refugee Protection Division
Date of Decision: March 6, 2019
Panel: A. Green
Counsel for the claimant(s): M. Mary Akhbari
Country: Palestine
RPD Number: TB8-01656
ATIP Number: A-2020-01459
ATIP Pages: 000062-000065
[1] MEMBER: I have had an opportunity to consider the evidence before me, and I will now render a decision orally.
[2] Sir, you will be provided with a transcript of my decision, which I reserve the right to edit.
[3] The Claimant, [XXX], is claiming refugee protection pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act. In assessing your claim, I have considered your oral testimony, the documentary evidence filed by your counsel on your behalf, and the information in the Board’s National Documentation Package on the occupied Palestinian territory.
[4] In summary, the Claimant is a 40-year old man who was born in Saudi Arabia on the [XXX] 1978. The Claimant held temporary residence status in Saudi Arabia and was not entitled to citizenship. In 1995, when the Claimant was approximately 17 years old, he relocated to Gaza with his parents; however, the situation in Gaza turned out to be less than ideal. The Claimant’s family, like many Gazans, faced problems due to nearby Israeli settlements, who had the protection of the Israeli Army. The Claimant alleges that he was abused on several occasions by Israeli soldiers at checkpoints. Further, the Claimant and his family faced intimidation by Hamas. The Claimant himself was asked to join Hamas on a number of occasions but would tell them that he was not interested. Hamas perceived him as a traitor or a supporter of Israel. Due to the problems in Gaza, the family eventually returned to Saudi Arabia in 2001; however, the Claimant and his family would visit Gaza occasionally.
[5] In 2009, the Claimant travelled to Gaza to check on relatives, and the family home. The Claimant was stopped at an Egyptian checkpoint and detained. While in detention, he was interrogated, physically assaulted, and sustained multiple injuries, including a broken shoulder. His interrogators wanted to know about his relationship with militants in Gaza. After approximately six months, the Claimant was released from Egyptian detention. In 2012, the Claimant returned to Gaza. While there, he was summoned by Hamas and asked why he had been arrested by the Egyptian Government in 2009. The Claimant was interrogated and ordered by Hamas to report for further questioning on three occasions. After the third reporting, the Claimant became concerned and left Gaza. He has not returned to Gaza since 2012. In 2016, the Claimant was terminated or was advised that he would be terminated from his employment in Saudi Arabia; however, he was able to transfer his sponsorship to a Saudi citizen for a limited period of time but had to pay a bribe to do so. The Claimant was unable to find work and feared deportation to Gaza. Therefore, on [XXX] 2017, the Claimant left Saudi Arabia, entering Canada on [XXX], 2017, where he filed a refugee claim.
[6] The Panel finds that you have established that you face a serious possibility of persecution for a Convention ground pursuant to section 96 of the Immigration and Refugee Protection Act.
[7] In regards to your identity, I find on a balance of probabilities that you are a stateless Palestinian who was born in Saudi Arabia and who lived in the occupied Palestinian territories, specifically Gaza for a number of years. This was established by your sworn testimony and the supporting documentation you provided, including your Palestinian Authority-issued travel document, and your UNHCR Family Registration card.
[8] I find that both Saudi Arabia and Palestine are countries or places of former habitual residence; however, you cannot return to Saudi Arabia due to the loss of employment. Therefore, your claim has been assessed against Gaza.
[9] In regards to credibility, I find you to be a very credible witness, who testified in a straightforward manner about your experiences in Gaza, specifically, your encounters with Hamas. You also provided ample supporting documentation found in Exhibits 8, 9 and 10.
[10] In regards to subjective fear, the Panel considered your delay in leaving Saudi Arabia considering that you only had temporary status there, and also because you had encountered very serious problems in 2009 and 2012, but you only left Saudi Arabia in 2017. However, I found your explanation to the Panel’s questioning to be quite credible, and I draw no negative inference. Likewise, I conQuebec doinsider that you travelled to the United States in [XXX] of 2017 with your wife and daughter but returned to Saudi Arabia. When asked about that, you also gave a very plausible explanation, and so I draw no negative inference in that regard.
[11] Regarding the objective basis for your fear, the National Documentation Package on the occupied Palestinian territory, which in this case is Exhibit 3, talks about the situation in Gaza. It says that “In 2007…”, and this is Item 2.1, “…Hamas staged a violent takeover of [the Palestinian Authority] government…in the Gaza Strip and has since maintained a de facto government in the territory.” Item 2.1 of Exhibit 3 states that there were “…significant human rights abuses under Hamas…included unlawful and arbitrary killings, disappearances, torture, arbitrary arrest and detention…”. Item 1.12 of Exhibit 3 states as well that there were serious human rights abuses under Hamas authorities in Gaza, which again includes arbitrary arrests, lent to detention and widespread use of torture, and the use of the death penalty. It says specifically that Hamas Security Forces continue to kill, torture, and kidnap, as well as arbitrarily detain or otherwise harass Palestinians, who they view as Fatah supporters. And that is consistent with your testimony here today. Item 2.1 further speaks about the harassment of people who oppose Hamas, and you testified that on several occasions Hamas did ask you to join and you refused to do so, and that people who are not with Hamas are viewed as opposing Hamas. And I find that that is the circumstance in your case. So I find that your fear of persecution has an objective basis.
[12] In regards to state protection, I consider that, as I stated, the documentary evidence indicates Hamas is the governing authority in the Gaza Strip. They have considerable power and influence, and Item 2.1, indicates that impunity was a major problem under Hamas. Having found that you have established a well-founded fear of persecution from Hamas, I find that you would not be able to obtain adequate state protection; therefore, you have rebutted the presumption of state protection.
[13] Likewise, I find that you have no viable internal flight alternative given that Hamas is the governing authority in Gaza, and even though the occupied Palestinian territory also includes the West Bank, I find that you would not be able to relocate to the West Bank. According to Item 1.14 of the documentary evidence, Item — sorry — Exhibit 3, Palestinian movement throughout the West Bank remains restricted by a complex system of physical and administrative barriers, checkpoints, roadblocks, and a permit system. Item 14.5 states that “freedom of movement between Gaza and the West Bank is nearly ‘non-existent”‘. In any event, I find that you face a serious possibility of risk in all of the occupied Palestinian territory.
[14] In conclusion, then, having established the presence of subjective fear and an objective basis for that fear, I find that you face a serious possibility of prosecution, that adequate state protection does not exist, and you do not have a viable internal flight alternative. I therefore accept your claim pursuant to section 96 of the Immigration and Refugee Protection Act, and I wish you the very best of luck.
– – – DECISION CONCLUDED – – –