2022 RLLR 129
Citation: 2022 RLLR 129
Tribunal: Refugee Protection Division
Date of Decision: August 15, 2022
Panel: Brendan Walker
Counsel for the Claimant(s): Ashwaq Abdul-Ridha
Country: Kuwait
RPD Number: MC2-00331
Associated RPD Number(s): N/A
ATIP Number: A-2023-01023
ATIP Pages: N/A
DECISION
[1] MEMBER: This is the decision of the claimant, XXXX XXXX XXXX XXXX XXXX under file number MC2-00331. The Panel has considered the claimant’s testimony and all the evidence she has provided, and the Panel is ready to render its decision orally. The claimant is a stateless individual from Kuwait and is claiming refugee protection pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection Act.
[2] The claimant alleges she fears persecution by the government of Kuwait due to being a Bidoon individual. The claimant also alleges she fears the Kuwaiti government because she alleges that if she were to return to Kuwait, then they will arrest her and put her in prison because the government will assume she has criticized the government.
[3] The claimant has demonstrated a well-founded fear of persecution based on a Convention ground. The Panel concludes that the claimant is a Convention refugee as per section 96 of the Immigration and Refugee Protection Act by reason of her membership in a particular social group, namely a Bidoon individual from Kuwait.
[4] The identity of the claimant is established by a copy of her passport issued by the authorities of Kuwait along with the US Visa. The testimony that is given under oath is presumed to be true unless there is a valid reason to doubt the truthfulness. The Panel does not have any valid reasons to doubt the truthfulness of the claimant’s allegations. The claimant was consistent and credible in her evidence. She testified in a straightforward manner and there are no inconsistencies in her evidence. The claimant provided a detailed account of how she was denied certain rights, such as education, employment, and healthcare, because she is Bidoon. The claimant then explained that with the (inaudible), Bidoons were able to get some food from the government, apply for a passport, and receive basic medical care. However, without a security card, they will receive none of these things. The claimant then provided a detailed account of how she attempted to renew her security card in 2019. She explained she went to the centre for the Bidoons and filled out the paperwork. She then explained that the official told her that they would call her. She then said she received the call, and an employee told her that she had limitations on her card. The employee told her she had to sign a white piece of paper, or she could not get the card. The claimant then explained that the employee said that he could possibly help her if she had relations with him. The claimant then testified she did not have relations with the employee because they are liars who just wanted sex and she did not sign the piece of paper because she would be acknowledging that she had another nationality, like Iraqi. As a result, she did not get to renew her security card. The claimant also provided documentary evidence to establish that she is a Bidoon individual. The claimant provided a copy of her security card, a copy of her birth certificate, which states that her parents are stateless residents of Kuwait. The claimant also provided documents regarding her father’s identity, which included the 1965 census form and the letter from the International Committee of the Red Cross stating on her father, who is stateless, was released from a prison in Iraq in 1991 and repatriated back to Kuwait. The Panel therefore finds on a balance of probabilities, the claimant has established herself as a Bidoon, and the Panel further finds that the claimant has a subjective fear of returning to Kuwait.
[5] The claimant was born to a stateless father. As a result, she has been denied the rights enjoyed by citizens. She was denied public education and healthcare, she faced problems in getting employment. The Panel then finds cumulatively her experience amount to persecution which demonstrates, in perspective, similar problems if she were to return to Kuwait. (inaudible) of the objective country evidence corroborates the fact that Bidoons face serious problems in Kuwait. Tab 1.6 of the National Documentation Package states that Bidoons are marginalized native Nomadic tribes who settled in Kuwait territory at a much later stage than the rest of the citizens. Many tribal groups were naturalized. However, some were not, and today, they constitute a group of over a hundred thousand persons without legal documents. For decades, the Bidoons have been denied full citizenship rights, such as access to social welfare, favourable employment, and voting rights despite often having lived in Kuwait all their lives. According to the United States Department of State at Tab 2.1 of NDP, the Bidoons face problems obtaining authorization for foreign travel and have restrictions on obtaining travel documents. They have no access to the judiciary to present evidence and plead their case for citizenship. Bidoon leaders alleged having some members of their community attempt to obtain government services; Officials routinely deceive them by promising to provide necessary paperwork only if the Bidoon agrees to sign a blank piece of paper. Later, officials would write a letter on the signed paper (inaudible) confessing the Bidoon’s true nationality, which renders them ineligible for recognition or benefits as a Bidoon. This is consistent with the claimant’s allegations such that when she tried to renew her security card, the government employee required her to sign a form which indicated she had Iraqi citizenship, which she refused. The UK Home Office report at Tab 13.1 of the NDP indicates that Bidoons are prevented from working and receiving the most basic government services and are denied rights to medical treatment, housing, documentation, education and driver licenses. It also finds that their lack of legal status means that they are not allowed to participate in the political process. The source also states that they are constantly at risk for arrest or detention and their family relationships are effectively illegitimate. The source also states that Bidoon girls and women have been particularly vulnerable to discrimination and abuse; They have faced sexual harassment from government officials while applying for documentation. Again, this is consistent with the claimant’s allegations when she attempted to renew her security card.
[6] Freedom house at Tab 2.3 of the NDP indicates that Bidoons often leave in poor conditions, have difficulty accessing public services, and obtaining formal employment. While the law provides for a process which Bidoons may try to prove their Kuwaiti nationality, it is opaque and largely ineffective. Amnesty International 2.2 of NDP note that the Bidoon people remain unable to access a range of public services, including healthcare. Human Rights watch at Tap 2.5 in NDP confirms that they face obstacles to obtaining civil documents, consistently receiving social services, interfering with their fundamental rights to health, education, work, among others. The Minority Rights Group International at Tab 13.4 of NDP explains that Bidoons face discrimination in employment by virtue of their illegal status. And when they can secure civil service employment, they are offered little job security and none of the benefits provided by law to citizens, such as paid sick leave, annual leave, and pension. Salaries offered to Bidoons in both private and the public sectors are generally lower than those offered to citizens. Many Bidoons are forced to earn a living in informal sectors, such as selling fruits and vegetables on the streets. However, since they cannot attain commercial licenses or own property, they are at a constant risk of being arrested or having their goods confiscated for operating businesses illegally. In terms of healthcare, Bidoons can purchase low-cost insurance plans from the government that allows them to be treated in public hospitals. However, these healthcare plans exclude many types of tests, medications, and operations. The only other option for undocumented Bidoons is to attend one (1) of the private hospitals, which is (inaudible) expensive for many. Discriminatory policies towards Bidoons have contributed to communities’ relative poverty and social segregation over the long term. Most Bidoons live in (inaudible) on the outskirts of cities where they lack adequate housing and protection from Kuwait’s extreme weather conditions. The evidence before the Panel established that Bidoons do not have a pathway to citizenship, which leaves them consigned to unending generations of statelessness, rendering them unable to access many basic services, such as employment, housing, health care, and education. The Panel finds that cumulatively, discriminations and restrictions on central aspects of life amount to persecution. Based on the claimant’s status as a Bidoon, the problems she faced, and the treatment of Bidoons generally, the Panel finds that there is a serious possibility of persecution if you were to return to Kuwait.
[7] The (inaudible) the claimant fears stem from the Kuwaiti authorities. Based on the country condition documents above, The Panel finds, on a balance of probabilities, that it would be unreasonable for the claimant to seek protection from the state.
[8] The Kuwaiti authorities have effective control throughout the country, and the laws and the persecution the claimant fears are prevalent throughout Kuwait. Therefore, Panel finds, on a balance of probabilities, that the claimant would face a serious of persecution throughout Kuwait and therefore does not have an internal flight alternative.
[9] Based on the totality of all the evidence, the Panel finds the claimant has established a well-founded of persecution and that there is serious possibility that she would be persecuted on a Convention ground should she return to Kuwait today. As such, the Panel finds the claimant is a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act, and her claim is accepted.
——— REASONS CONCLUDED ———