An 81-year-old Lebanese man with dementia who obtained refugee status in Canada due to threats from terrorist organizations in his homeland has lost that status after returning to Lebanon five times to visit sick and dying siblings and attend their funerals. However, a Federal Court judge has granted him another opportunity to remain in the country.
Background of the Case
Ezzat Fahs, a Lebanese citizen, was granted refugee protection in Canada approximately 14 years ago. He became a permanent resident in 2017. Shortly thereafter, he traveled to Lebanon on five separate occasions to care for his ailing siblings and to participate in their funeral services.
Immigration Minister’s Application
Immigration Minister Lena Diab applied to the Refugee Protection Division (RPD) to cease Fahs’s Convention Refugee status. The RPD granted the application, ruling that Fahs had voluntarily re-availed himself of Lebanon’s protection. Consequently, he lost both his protected person status and permanent residence.
RPD Findings
The RPD determined that all three elements of the cessation test were met: Fahs acted voluntarily, intended to re-avail himself of Lebanon’s protection, and actually obtained such protection. Although the RPD acknowledged that Fahs traveled to Lebanon to visit sick and dying siblings and attend funerals, it concluded these were not exceptional circumstances, and his actions were voluntary.
Fahs began showing early signs of dementia in 2012. However, the RPD found that medical evidence did not establish that he was unaware of the consequences of his travel decisions due to his condition. The RPD also noted that Fahs took minimal safety precautions, such as traveling by car with a family member directly from the airport to his family home in southern Lebanon and covering his face with a scarf to avoid detection.
The RPD further observed that Fahs visited his siblings in state-run hospitals and attended their public funerals. It also noted that Beirut’s airport is infiltrated by Hezbollah, which would have no trouble identifying Fahs’s arrivals and departures.
Federal Court Review
Federal Court Justice Lobat Sadrehashemi found two significant problems with the RPD’s analysis. First, the RPD required Fahs to demonstrate that his efforts amounted to living in hiding, which is not the legal requirement. Second, the RPD erred by requiring Fahs to have been in hiding during his travels.
The judge ordered a new review of Fahs’s case, giving him another chance to argue for his right to stay in Canada.
