Citation: 2020 RLLR 101
Tribunal: Refugee Protection Division
Date of Decision: November 25, 2020
Panel: C. Ruthven
Counsel for the Claimant(s): Michael F. Loebach
Country: Saudi Arabia
RPD Number: TB8-23393
Associated RPD Number(s):
ATIP Number: A-2021-00945
ATIP Pages: 000120-000125
DECISION
[1] MEMBER: [XXX], also known as [XXX] (phonetics), I have considered your testimony, Sir, as well as the written evidence that was presented in support of your claim and I am ready to render my decision of your claim orally. You are claiming protection pursuant to Section 96 and Subsection 97(1) of the Immigration and Refugee Protection Act. The details of your claim are documented in your Basis of Claim Form and its narrative which is found in Exhibit 2 as well as the narrative amendments which are found in Exhibit 7. I find that these amendments are minor and that they add clarifying statements and that they correct spelling differences. I have granted a bit more leeway in spelling differences as the translation of certain letters of the Arabic alphabet may allow numerous English language variations.
[2] In summary, you fear returning to Saudi Arabia based on your Palestinian nationality. You described in your Basis of Claim Form narrative in Exhibit 2 and Exhibit 7 problems that you faced in numerous facets of your life including schooling, healthcare, and your neighborhood community. You expanded on this written evidence in your testimony this afternoon partially based on these problems your family relocated to Bahrain to ensure that you and your older brother [XXX] (phonetics) would have a better and cheaper access to post-secondary education.
[3] Your responses in your Basis of Claim Form indicate that your older brother [XXX] (phonetics) made a claim for protection in Canada in early [XXX] 2018, the following month [XXX] 2018 your father informed you that he could no longer provide for tuition and other university expenses in Bahrain due to a deteriorating financial situation on his part. Your testimony elaborated on these circumstances this afternoon.
[4] I find that you are a convention refugee pursuant to Section 96 of the Immigration and Refugee Protection Act based on the persecution that you face in Saudi Arabia related to your stateless nationality. You testified that you are not a citizen of any country and you alleged that you are a stateless Palestinian who is born in Saudi Arabia. Your responses to Schedule A in Exhibit 1 indicate that your parents were each born in Saudi Arabia as well and your responses within question 5 of your Basis of Claim Form in Exhibit 2 indicate that both your parents and all of your siblings and your half-sister are also stateless Palestinians.
[5] I find that the presented Kingdom of Saudi Arabia birth certificate corroborates that you were born in Jeddah, Saudi Arabia on [XXX], it is found in Exhibit 8, in your Basis of Claim Form responses in Exhibit 2 you enumerated that each of your family members are residents of either Saudi Arabia or Canada in the case of your older brother [XXX] (phonetics).
[6] In support of your stateless nationality claim, you presented your valid Palestinian Authority Passport and your valid Arab Republic of Egypt travel document for Palestinian refugees. The Palestinian Authority Passport is found in Exhibit 1 with a translated copy in Exhibit 8, the Egypt travel document is found in Exhibit 8. I find no reason to doubt the authenticity of either of these documents. Item 1.10 of the Occupied Palestinian Territory National Documentation Package found in Exhibit 3 indicates that the Occupied Palestinian Territory Gaza and the West Bank do not presently meet the criteria for statehood under international law.
[7] Based on the country condition evidence as well as the personal identity documentation that you educed, Sir, in addition to the credible testimony that you provided this afternoon, I find that you have established that you are a stateless Palestinian on a balance of probabilities. Based on the stateless determination, I carefully considered any possible countries of former habitual residence for you Sir.
[8] These are known as the (inaudible spot-01:46:11) factors in our jurisprudence. The concept of former habitual residence seeks to establish a relationship to a state which is broadly comparable to two dots between a citizen and a country of nationality, that is the term implies a situation where the stateless person was admitted to a country with a view to a continuing residence of some duration without necessitating a minimum period of residence. The claimant must have established a significant period of De Facto residence in the country in question. The claimant does not have to be able to legally return to a country of habitual residence.
[9] Further holding travel documents is not a determinative factor if the person has never resided in a potential country of former habitual residence, that is a determinative factor and that country cannot be a country of former habitual residence despite there being a right to return and reside in that country. Based on your presented travel documents, I looked at both Egypt and the occupied Palestinian territory, you testified that you have never been to Gaza or the West Bank in the occupied Palestinian territory. There is also a dearth of evidence before me regarding you ever been a resident of Egypt despite being in possession of a valid Arab Republic of Egypt travel document for Palestinian refugees. Based on these considerations, I find that the occupied Palestinian territory including Gaza and the West Bank is not a country of former habitual residence for you. In addition, I find that Egypt is not a country of former habitual residence for you Sir.
[10] In regards to the United States, your Palestinian authority passport included a temporary resident visa to the United States of America, you were issued a B1-82 temporary residence visa indicative of being granted entry to that country for a short period of time, typically six months or less. The entry stamp in your passport in Exhibit 1 and Exhibit 8 indicated that the authorities in that country granted you the standard six months of temporary residence upon your [XXX] 2018 entry. Despite this permission to stay for six months, I note that you travelled from New York City, New York State to Detroit, Michigan the following day according to your responses to question 9 of Schedule 12 found in Exhibit 1. The claim for protection in Canada was made on [XXX] 2018 according to the Canada Border Services Agency officer notes found in Exhibit 1. Based on these considerations, I find that you had no view to a continuing residence in the United States of America and that you did not have a significant period of De Facto residence in that country, and therefore finally United States is not a country of former habitual residence for you, Sir.
[11] You spent more than 5 years in Bahrain including time as an adult. You completed your secondary studies in that country and began three years of your university studies according to your responses to Schedule A in Exhibit 1 and your academic record in Exhibit 8. Based on these considerations, I find that you had a view to a continuing residence in Bahrain during your secondary and post-secondary studies and then you had a significant period of De Facto residence in Bahrain prior to your most recent departure in [XXX] 2018. I therefore determine that Bahrain is a country of former habitual residence for you, Sir. You testified that you do not believe you can return to Bahrain as your status there is dependent on your studies. I find the visas in your passport support this testimony. I also find your testimony regarding your father’s financial problems to be credible based on the family’s decision to return to Saudi Arabia and you were forced to withdraw from your university studies.
[12] The National Documentation Package for Bahrain is found in Exhibit 5 and also supports the lack of availability to obtain permanent status, for example, Item 2.1 indicates that even if you married a Bahrain citizen you would not have a path to citizenship in Bahrain as a noncitizen of that country. I have no evidence to establish that you retained permission to enter and remain in Bahrain for continued residence after your post-secondary studies ended in 2018. You were born in Saudi Arabia and you lived in that country for [XXX] years up until the end of grade [XXX].
[13] Based on this I find that you had a view to a continuing residence in Saudi Arabia and that you had a significant period of De Facto residence in Saudi Arabia prior to your most recent departure on [XXX] 2018. I therefore determine that Saudi Arabia is a country of former habitual residence for you, Sir. In order to be found a convention refugee, a stateless person must show that on a balance of probabilities he or she would suffer persecution in any country of former habitual residence and if he or she cannot return to any of his or her countries of former habitual residence. These are known in jurisprudence as the (inaudible spot-01:50:58) requirements. There were a few times when I had to repeat questions, I find that you testified at the hearing in a straightforward and consistent manner without the use of embellishments, contraindications or omissions from the details that you presented when you made your claim for protection in Canada. Your narrative is very detailed in its descriptions of the problems that you faced growing up and living in Saudi Arabia as a young adult. You self-identified being a stateless Palestinian as per your responses in your Basis of Claim Form in Exhibit 2. You testified that your father is supporting all of your younger siblings and your half-sister and then your mother has been living with her family in Dammam for about two years.
[14] Based on your testimony about the death threats made against you starting in [XXX] 2018 as well as the numerous examples you provided in your narrative and your narrative amendments about challenges you faced in schooling, healthcare, and neighborhood participation in Saudi Arabia, I find that you have a subjective fear of returning to Saudi Arabia. The overall objective evidence supports your claim for convention refuge protection based on your stateless nationality in Saudi Arabia. There are various documents in the Saudi Arabi National Documentation Package found in Exhibit 4 that confirm that there is no codified asylum system for those fleeing persecution in Saudi Arabia and the country is not party to the 1951 refugee convention or its protocol. Item 1.3 indicates that Saudi Arabia has 70,000 stateless residence including Palestinians; however, the estimated number of Palestinians in Saudi Arabia is 287,000 according to Item 2.6 and Item 3.9. Being stateless in Saudi Arabia can result in significant violation of rights which is included lack of access to public education, healthcare, and other services and inability to access employment, social alienation, and psychological challenges which is also found in Item 3.9.
[15] I find that you educed sufficient evidence to establish that your ability to reside temporarily in Saudi Arabia was entirely due to the work permits and related sponsorship from your father. There is no evidence before me to establish that you, your parents, or any of your siblings has ever held permanent status in Saudi Arabia or to establish that you ever had access to a such status.
[16] According to Item 3.1 and Item 3.5 in Saudi Arabia only citizens have access to education, healthcare, public housing, courts, and judicial procedures, legal services and other social services. Noncitizens have to pay for their elementary school and high school education even though these are public schools.
[17] According to Item 14.2, Palestinians are subject to the same regulations as foreigners in Saudi Arabia. Foreigners must have Kafala or sponsorship to obtain work permits and residence permits. The sponsor can be a Saudi citizen or accompanied and the residence is of a limited duration and renewable under certain circumstances. The Ministry of Interior is entitled to withdraw the right of residence and its permit from any foreigner and instruct him to leave the country at any time without mentioning any reasons. Access to services such as health and education depends on provisions contained in the work contract.
[18] Item 2.1 and Item 2.4 indicate that employers or sponsors control the departure of foreign workers and residents from Saudi Arabia and foreign citizen workers under sponsorship require guardian’s consent to travel abroad. Foreign workers cannot change job unless they have a no objection letter from their existing employer and some employers confiscate worker’s passport to prevent them from leaving.
[19] Based on these considerations, I find that the objective country condition evidence supports you would not be allowed to enter Saudi Arabia should you return to that country. I therefore determine that you had a relationship with the state of Saudi Arabia which is not broadly comparable to a relationship between a citizen and his/her country of nationality.
[20] In regards to your lifetime cumulative treatment including treatment of simulated situated persons in Saudi Arabia who are noncitizens, Palestinians or stateless persons, I find that the cumulative effect Saudi policies related to education, healthcare, and employment are discrimination against noncitizen that rises to the level of persecution. I therefore determine that you face a well-founded fear of persecution in Saudi Arabia. The authorities of Saudi Arabia are your primary agents of persecution as the authorities in action subsequently enforce laws that put noncitizens and stateless residents at a significant disadvantage over the citizens of Saudi Arabia. I considered the possible avenues of redress for noncitizen resident of Saudi Arabia such as yourself.
[21] Item 2.1 indicates that the Kingdom of Saudi Arabia is a monarchy, the State Security Presidency or SSP, the national guard, the ministries of defence and interior, all report to the king. Significant human rights issues included all unlawful killings, executions for nonviolent offenses, forced disappearances, torture of prisoners, and detainees by government agents, arbitrary arrest and detention, political prisoners and arbitrary interference with privacy. In the judicial system, there are traditionally no published case law on criminal matters, no uniform criminal code, no presumption of innocence, and no doctrine that binds charges to follow legal precedent. In light of the country condition evidence, I find that it will be objectively unreasonable for you sir in your particular circumstances as a noncitizen to seek the protection of the authorities in Saudi Arabia. I find it unreasonable to expect you to seek redress or protection from the police or any other authorities in Saudi Arabia.
[22] Based on this, I find that you have rebutted the presumption of state protection with clear and convincing evidence, I find that on a balance of probabilities, adequate state protection would not be available to you should you return to Saudi Arabia.
[23] The authorities of Saudi Arabia are in full control of their territory. You fear the policies enacted by the authorities of Saudi Arabia which in cumulative effect rises to a level of persecution. As the agents of harm include the state, I find that there would be no places or regions in Saudi Arabia which could offer you safety from the reasonable chance of persecution in your particular set of circumstances. I find that you have a well-founded fear of persecution throughout Saudi Arabia and there is no viable internal flight alternative for you. I further find that you are a stateless Palestinian with Saudi Arabia and Bahrain as your countries of former habitual residence. You do not have authorization to return to either of these countries. As such, I find that you are a convention refugee pursuant to Section 96 of the Immigration and Refugee Protection Act based on your nationality as a stateless Palestinian and based on the serious risk of persecution in Saudi Arabia, I therefore accept your claim.
[24] I am going to return to you all of the original documents that you presented to me and that concludes our hearing this afternoon. Do you have any questions before we end?
[25] INTERPRETER: Did you accept my claim?
[26] MEMBER: Yes. Any other questions?
[27] CLAIMANT: No.
[28] MEMBER: Counsel anything else before we end?
[29] COUNSEL: No thank you very much.
[30] MEMBER: I would like to thank you for your testimony this afternoon. Counsel thank you for your work and Mr. Interpreter thank you for your as well. With that, we go off the record and we end it here.
———- REASONS CONCLUDED ———-