Hello everyone,
I am a Canadian citizen, and I would like your input regarding private sponsorship application for my sibling who lives in Lebanon and is a stateless Palestinian refugee (3rd generation refugee of 1948). I submitted a private sponsorship application with sponsors from church members under the Sponsorship Agreement Holder (SAH) option. My concern is that my sibling might not fall under the definition of Convention Refugee because she is not registered under UNHCR, but she is registered and has refugee certificate from the sister UN agency, UNRWA.
The definition of a Convention Refugee is listed on Canada's immigration webiste https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/eligibility.html as:
Convention refugees are outside their home country or the country they normally live in. They’re not able to return because of a well-founded fear of persecution based on
In the 1951 UN refugee convention that can be found here https://www.unhcr.org/3b66c2aa10, it states:
"The Convention does not however apply to all persons who might otherwise satisfy the definition of a refugee in Article 1. In particular, the Convention does not apply to those for whom there are serious reasons for considering that they have committed war crimes or crimes against humanity, serious non-political crimes, or are guilty of acts contrary to the purposes and principles of the United Nations. The Convention also does not apply to those refugees who benefit from the protection or assistance of a United Nations agency other than UNHCR, such as refugees from Palestine who fall under the auspices of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Nor does the Convention apply to those refugees who have a status equivalent to nationals in their country of asylum."
"D. This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance."
My sister does not live in a refugee camp, and she doesn't receive aid from UNRWA, but her national identity document states she is born in a Palestinian refugee camp since that's how the Lebanese government assigns each Palestinian refugee. She was not born in a refugee camp. Lebanon is her habitual residence, but due to lack of options in employments and the 80% loss of Lebanese currency, it is tough to survive on less than minimum wage. She is single with no children and living alone in Lebanon.
My parents and other siblings are scattered elsewhere in the world. I submitted the application with the sponsors as there are legit grounds for family reunification with me in Canada. Living conditions are getting tougher each day for everyone in Lebanon, including my sister.
I heard refugee sponsorship applications from outside Canada has no right to appeal if an application is rejected. Since an appeal is not an option, and I did not submit a Humanitarian and Compassionate consideration with the private sponsorship application, is my best option is to resubmit the application and include Humanitarian and Compassionate consideration due to hardship being experienced? Is there a way to amend the application by adding the Humanitarian and Compassionate consideration applications now while the application is being processed in Beirut? Or shall I submit a new application?
Humanitarian and compassionate consideration information can be found here https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/assessment-hardship-assessment.html
The Humanitarian and Compassionate Consideration that applies to my sister will be based on the following factors:
1. Adverse conditions of habitual residence which is Lebanon and what's going on there right now in terms of cost of living, the lack of employment opportunities and additional limitations on Palestinian refugees
2. Family ties in Canada as one of Canada's immigration goals is to reunite families.
3. Ability to become established in Canada
4. Other unique circumstance that merits relief.
Any input is appreciated!
I am a Canadian citizen, and I would like your input regarding private sponsorship application for my sibling who lives in Lebanon and is a stateless Palestinian refugee (3rd generation refugee of 1948). I submitted a private sponsorship application with sponsors from church members under the Sponsorship Agreement Holder (SAH) option. My concern is that my sibling might not fall under the definition of Convention Refugee because she is not registered under UNHCR, but she is registered and has refugee certificate from the sister UN agency, UNRWA.
The definition of a Convention Refugee is listed on Canada's immigration webiste https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/eligibility.html as:
Convention refugees are outside their home country or the country they normally live in. They’re not able to return because of a well-founded fear of persecution based on
- race
- religion
- political opinion
- nationality
- being part of a social group, such as women or people of a particular sexual orientation
- danger of torture
- risk to their life
- risk of cruel and unusual treatment or punishment
In the 1951 UN refugee convention that can be found here https://www.unhcr.org/3b66c2aa10, it states:
"The Convention does not however apply to all persons who might otherwise satisfy the definition of a refugee in Article 1. In particular, the Convention does not apply to those for whom there are serious reasons for considering that they have committed war crimes or crimes against humanity, serious non-political crimes, or are guilty of acts contrary to the purposes and principles of the United Nations. The Convention also does not apply to those refugees who benefit from the protection or assistance of a United Nations agency other than UNHCR, such as refugees from Palestine who fall under the auspices of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Nor does the Convention apply to those refugees who have a status equivalent to nationals in their country of asylum."
"D. This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance."
My sister does not live in a refugee camp, and she doesn't receive aid from UNRWA, but her national identity document states she is born in a Palestinian refugee camp since that's how the Lebanese government assigns each Palestinian refugee. She was not born in a refugee camp. Lebanon is her habitual residence, but due to lack of options in employments and the 80% loss of Lebanese currency, it is tough to survive on less than minimum wage. She is single with no children and living alone in Lebanon.
My parents and other siblings are scattered elsewhere in the world. I submitted the application with the sponsors as there are legit grounds for family reunification with me in Canada. Living conditions are getting tougher each day for everyone in Lebanon, including my sister.
I heard refugee sponsorship applications from outside Canada has no right to appeal if an application is rejected. Since an appeal is not an option, and I did not submit a Humanitarian and Compassionate consideration with the private sponsorship application, is my best option is to resubmit the application and include Humanitarian and Compassionate consideration due to hardship being experienced? Is there a way to amend the application by adding the Humanitarian and Compassionate consideration applications now while the application is being processed in Beirut? Or shall I submit a new application?
Humanitarian and compassionate consideration information can be found here https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/assessment-hardship-assessment.html
The Humanitarian and Compassionate Consideration that applies to my sister will be based on the following factors:
1. Adverse conditions of habitual residence which is Lebanon and what's going on there right now in terms of cost of living, the lack of employment opportunities and additional limitations on Palestinian refugees
2. Family ties in Canada as one of Canada's immigration goals is to reunite families.
3. Ability to become established in Canada
4. Other unique circumstance that merits relief.
Any input is appreciated!
