Federal Court Orders Review of Refugee Status Revocation for Elderly Lebanese Man
An 81-year-old Lebanese man suffering from dementia has been granted another chance to remain in Canada after the Federal Court ordered a review of the decision to revoke his refugee status.
Ezzat Fahs, who holds Lebanese citizenship, was granted refugee protection in Canada approximately 14 years ago due to threats from terrorist organizations in his home country, according to a recent Federal Court decision. He later obtained permanent resident status in 2017.
Revocation of Refugee Status
Immigration Minister Lena Diab submitted an application to revoke Fahs’ convention refugee status to Canada’s Refugee Protection Division (RPD), arguing that he had “voluntarily re-claimed Lebanon’s protection” by returning to the country five times to visit sick and dying siblings and attend their funerals.
The RPD concluded that Fahs had acted voluntarily, intended to seek Lebanon’s protection, and actually obtained that protection. While acknowledging his reasons for travel, the RPD found these were not exceptional circumstances and that his actions were therefore voluntary. As a result, Fahs lost both his protected person status and permanent resident status.
Medical Evidence and Security Precautions
According to his doctor, Fahs was showing “early signs of dementia” as early as 2012. However, the RPD found that the medical evidence did not prove he was unaware of the consequences of his decision to travel to Lebanon due to his health condition.
The RPD also noted that Fahs had taken only minimal security precautions during his visits. While it acknowledged that he “drove with a family member directly from the airport to his family’s home in southern Lebanon and covered his face with a scarf to avoid detection,” the division found that visiting siblings in government hospitals and attending public funerals did not constitute living in hiding.
The RPD further noted that Beirut’s airport is infiltrated by Hezbollah, which “would have no problem identifying [Fahs’] arrival and departure from Beirut International Airport.”
Federal Court Finds Errors in RPD Decision
Federal Judge Lobat Sadrehashemi identified “two significant problems” with the RPD’s analysis. First, she noted that the RPD incorrectly required Fahs to demonstrate that his efforts amounted to living in secret, which is not the legal requirement.
“Similarly, the RPD erred when it claimed [Fahs] was ‘hiding’ during his travels,” Sadrehashemi wrote. She emphasized that the relevant consideration was whether he took precautions while in Lebanon, not whether he lived in complete secrecy.
The judge found that the RPD failed to consider the implications of the totality of evidence regarding Fahs’ precautionary measures. Instead, it focused on the binary question of whether those measures amounted to a life of secrecy.
Sadrehashemi also noted that the RPD did not adequately consider that Fahs visited his siblings “briefly during quiet hours” and that the hospital was located in a village in southern Lebanon “where there is not much going on.”
Decision Sent Back for Reconsideration
Judge Sadrehashemi concluded that the RPD’s flawed analysis provided sufficient basis to overturn the decision and order a judicial review. The case has been sent back to the RPD for a new decision that properly considers the nature and impact of Fahs’ security arrangements during his visits to Lebanon.
The ruling gives Fahs another opportunity to argue that his returns to Lebanon did not constitute a voluntary re-availment of his home country’s protection, potentially allowing him to retain his refugee status and permanent residency in Canada.
