Category: Iran

Citation: 2020 RLLR 145
Tribunal: Refugee Protection Division
Date of Decision: November 27, 2020
Panel: Isis Van Loon
Counsel for the Claimant(s): Amir Derakhshanfar
Country: Iran
RPD Number: VC0-00019
Associated RPD Number(s): VC0-00031, VC0-00034, VC0-00035
ATIP Number: A-2021-01106
ATIP Pages: 000178-000183

DECISION

[1]       MEMBER: I have considered your testimony and the other evidence in this case, and I am ready to render my decision orally.

[2]       These are the reasons for the decision in the claim of [XXX], the principle claimant, [XXX], the associate claimant, and their two adult female children, claimants [XXX] and [XXX] who are all claiming to be citizens of Iran and are claiming refugee protection pursuant to s. 96 and 97(1) of the Immigration and Refugee Protection Act.

[3]       These claims were joined according to rule 55 of the Refugee Protection Division Rules.

Allegations

[4]       The claimants’ allegations are set out in their basis of claim forms and in their testimonies. The following is a brief summary:

[5]       The principle claimant and both of her adult daughters are Christian converts, and they fear persecution due to their conversion from Islam. The associate claimant does not identify as Christian but believes that people should be able to choose their own religion freely. Furthermore, he acknowledges a belief in God, but is not a follower of Islam as it is required in Iran.

Determination

[6]       I find that the claimants are convention refugees as they have established a well-founded fear of persecution based on convention grounds. Namely religion in the case of the principal claimant and the two adult children claimants and political opinion in the case of the associate claimant.

Analysis

Identity

[7]       I find the claimants’ identities as nationals of Iran is established by their testimonies and the supporting documentation filed including certified true copies of their passports in Exhibit 1.

Credibility

[8]       When a claimant swears to the truth of certain allegations, this creates a presumption that those allegations are true unless there is a reason to doubt their truthfulness. However, this presumption does not apply to inferences or speculation for which there is no evidentiary basis.

[9]       The claimants testified in a straightforward and detailed manner and with no inconsistencies in their testimonies or contradictions between their testimonies and the other evidence before me that were not explained.

[10]     The female claimants all described in detail their beliefs and contrasted that with the religion into which they were born in Iran. The principle claimant said, “If we say that we are God’s children in any other religion, meaning our previous religions, if I were to say this, that I am a child of God, they would punish me.  They would never allow me to continue with my life.  Now, I am certain that God, the father, supports me.” Her daughters echoed the support that they feel from their new religion, particularly while their mother was facing a serious health challenge.

[11]     The associate claimant described how he found out about his family’s conversion, and he expressed his tolerance for other religious views. He credibly described how he wished he had known about this conversion sooner and clearly supported his family members’ rights to make their own decisions about religion. As for himself, he explained that he had not converted, although he had learned a fair bit about Christianity from his family, and he remains open-minded.

[12]     I have found all of their explanations and descriptions to be compelling and clear. Furthermore, they provided the following relevant probative documents: There is a letter on page 17 of Exhibit 4 from [XXX] (ph) from [XXX] in [XXX] in the Calgary Assembly of [XXX] and [XXX] Church. The principle claimant has been attending since [XXX] 2018. Her daughters joined afterwards.

[13]     The Pastor said that the principle claimant, “gave a beautiful testimony during a Sunday church service in regard to how she became a believer in Jesus Christ and accepted him as her personal saviour” and studied for baptism on [XXX] of 2019. Then she joined the Bible study group according to the Pastor. The Pastor said that the daughters were baptized on [XXX] of 2020 and that they too gave public testimony of their faith in Jesus Christ.

[14]     I find these documents are relevant and served to corroborate the core allegations of the three female claimants that they are Christian converts. The narrative and testimony of the claimants corresponds to the ample objective evidence about conditions in Iran pertaining to converts from Islam as well as those who oppose the government-imposed religion.

[15]     Apparently I have no reason to doubt the central elements underpinning the claim for protection nor the claimant’s stated subjective fear. I found all four claimants to be credible witnesses and therefore have accepted as true the facts that they have alleged in support of their claim.

Nexus

[16]     I find the persecution the principle claimant and her adult daughters face has a nexus to one of the five convention grounds, that of religion. And I find that the associate claimant has established a nexus to political opinion and therefore this claim will be assessed under s. 96.

[17]     I acknowledge that the principle claimant and the two adult children as women also have a nexus to membership in a particular social group as women in Iran and that the associate claimant could also be considered for membership in a particular social group as a family member of claimants facing persecution on a convention ground.

[18]     However, I have found the respective nexuses to religion and political opinion are sufficient for me to decide this claim for asylum, and therefore, I have analyzed the claims solely on these grounds.

Well-Founded Fear

[19]     In order to be considered a convention refugee, a claimant must describe that they have a well-founded fear of persecution which includes both a subjective and an objective basis.

[20]     Based on the claimant’s testimonies and supporting documents as well as the country condition documents, I find that all four claimants have a well-founded fear of persecution for the following reasons:

[21]     The principle claimant started attending church in Canada around [XXX] of 2018 with her Canadian relatives who were Christians, but she did not convert at the time.  She returned briefly to Iran in [XXX] of 2019 to have her visa extended and then came back to Canada to stay with her daughters. She became more involved with Christianity through her family members and by attending church and decided to convert. However, she feared telling her husband who was still in Iran, the associated claimant, over the phone as this was risky.

[22]     Her daughters, as well, became increasingly interested in Christianity after seeing the positive changes in their mother that her Christianity had brought to her. After the associate claimant came to Canada in [XXX] 2019 having been threatened, he was able to confirm his family’s conversion to Christianity, and all four of them claimed asylum while their visitors and student visas respectively were still valid. Their actions in addition to the amply country condition documents below have established their subjective fear of persecution in Iran.

[23]     The country documentation is consistent with the claimant’s testimonies and fearing persecution in Iran due to the conversion of three of the claimants to Christianity and due to the forth claimant’s opposition to this persecution and beliefs that religious freedom is important.

Religion

[24]     The law prohibits Muslim citizens from changing or renouncing their religious beliefs. Under Iranian law, a Muslim who leaves his or her faith or converts to another religion can be charged with apostasy, and this is a crime punishable by death.

[25]     Amnesty International stated in June 2019, “Freedom of religion and belief continues to be systematically violated.  The authorities impose on people of all faith as well as atheists codes of conduct rooted in a strict interpretation of Shia Islam. The right to change or renounce religious beliefs continues to be violated with those converting from Islam being at risk of arbitrary detention, torture, and even the death penalty.”

[26]     The Australian Department of Foreign Affairs and Trade assesses that those accused of religiously based charges are also likely to face charges related to national security, and they are unlikely to have adequate legal defence and are likely to be convicted.

[27]     While Shia jurors generally hold only that male apostates are to be killed, females on the other hand may only be imprisoned. The US Department of State says that prison conditions were harsh and life-threatening due to food shortages, gross over-crowding, physical abuse, and inadequate sanitary conditions and medical care.

[28]     I am satisfied that regardless of whether a convert faces the death penalty or prison, the conditions and treatment are such that both amount to persecution. Based on all the evidence before me, I find the principle claimant and her two adult daughter claimants would face a serious possibility of persecution from the state due to the conversion from Islam to Christianity if they were to return to Iran.

Political Opinion

[29]     The associate claimant is in fact opposing the government’s religious requirements in his support for his family members who have converted to Christianity. He described being threatened and questioned about his family members’ religion in the months before he came to Canada. At that time, he was not even aware that they had converted as they had feared telling him over the phone that the authorities would discover this.

[30]     The associate claimant disagrees with the state position on religious freedom in Iran. He said that, “The Iranian regime needs to change based on the views in the constitution they” unlike himself, “do not accept any other religion or belief.” He said, “There needs to be an environment that allows people to choose their religion freely, to have their own beliefs, and be respected for it.”

[31]     The Islamic Republic of Iran is an authoritarian theocratic republic and imposes severe restrictions on many freedoms including religious freedom. The government’s human rights record remained extremely poor and worsened, and there were numerous reports of arbitrary killings and forced disappearances as well as torture by government agents, corruptions widespread at all levels of the government, and impunity is pervasive through all levels of government and security forces according to NDP 2.1 and 1.7.

[32]     I have noted that the associate claimant has expressed an opinion and is against the government of Iran by his support for religious freedom. Based on all the evidence before me, I find that he, too, would face a serious possibility of persecution based on this political opinion if he were to return to Iran.

[34]     I also note that he has vowed to stay with his family and were he to do so and they are still Christian converts, he would suffer persecution as well for that reason.

State Protection and Internal Flight Alternative

[35]     In this case, the agent of persecution is the state. The persecution the claimants would face if returned to Iran is at the hands of the authorities, and accordingly, I find there is no state protection available to the claimants, and the presumption of state protection is rebutted.

[36]     The state of Iran is in control of all of its territories, and therefore, again on the evidence before me, I find that there is a serious possibility of persecution throughout Iran. There is no viable internal flight alternative for these claimants in their particular circumstances.

Conclusion

[37]     Based on the totality of the evidence, I conclude that the claimants are convention refugees, and accordingly, I am accepting all of their claims.

[38]     Okay, so that is the end of my decision. Interpreter, if you would like to go ahead and give a summary. That would be very welcome.

[39]     INTERPRETER: Sure thing.

———————REASONS CONCLUDED———————

Citation: 2020 RLLR 137
Tribunal: Refugee Protection Division
Date of Decision: October 8, 2020
Panel: Michael Somers
Counsel for the Claimant(s): Zohra Safi
Country: Iran
RPD Number: TB9-28317
Associated RPD Number(s):
ATIP Number: A-2021-01106
ATIP Pages: 000134-000137

DECISION

[1]       MEMBER: The Panel has considered the claimant’s testimony and other evidence in this case and is ready to render its decision orally.

[2]       The claimant is a citizen of Iran. He has made a refugee protection claim under Sections 96 and 97(1) of the Immigration and Refugee Protection Act.

Allegations

[3]       The specifics of the claim are stated in the claimant’s narrative and amended narrative, of course, the narrative is found in his Basis of Claim form (BOC). He alleges the following:

[4]       He is a citizen of Iran. He has recently been divorced. He is a well-educated individual. He has an [XXX] in [XXX] as well as a [XXX] an [XXX] in [XXX]. He has worked in Iran as a [XXX] for at least, maybe, eight years. However, I don’t think he would disagree by saying that he is more of a [XXX] than anything else.

[5]       He fears to return to Iran. He fears the Iranian government; that he has been targeted, persecuted, by the Iranian authorities due to his affiliation to [XXX] and, also due to his religious affiliation, that he is Dervish Sufi.

[6]       He is, what I would describe as, an accomplished [XXX] who has gone through, what I would say, a formal background, a formal teaching, in [XXX]. He didn’t go to university for that. He has won, what sounds like, local and regional, maybe even national, [XXX]. He has entertained abroad. His group – he has produced at least [XXX].

[7]       In about 2010 he, how he would describe it, officially became Dervish. Although, he was interested in learning and participating in the Dervish community years before that. And, in his particular fact situation, that he has been incarcerated, charged with what I would call fabricated allegations and was sentenced to at least one year in jail. Once released from jail he realized, or even probably before that, that the Iranian authorities would continue to harass, target him, based on his religious affiliation and, also his political affiliation.

[8]       He left Iran on or about [XXX] 2019, and made a claim for refugee protection on or about [XXX] 2019. He left his former wife in Iran with the intention of his former wife coming to Canada and reuniting with him. However, due to pressure from his in-laws, pressure on his wife, and just not the pressure on his wife but the wife, his former wife, herself, due to his activities, due to his religion, due to incarceration, there was a divorce recently.

Determination

[9]       The Board finds that the claimant is a Convention refugee pursuant to Section 96 of the Immigration and Refugee Protection Act. The reasons are as follows.

ANALYSIS

[10]     The Board is concerned with the issues of credibility and state protection.

Identity and Credibility

[11]     The Board was satisfied with the claimant’s personal identity based on his testimony and a certified copy of his passport and other secondary identification documents that were filed on his behalf.

[12]     The Board found the claimant to be a credible and reliable witness. There was no significant differences between his testimony and his narrative and the numerous personal documents filed on his behalf.

[13]     One could describe this claim as a claim that has two premises or two, basically, fears/reasons why he is leaving Iran and coming to Canada to seek international asylum, refugee protection. One, being a [XXX] which that his [XXX] doesn’t fit within the context of Iranian society and the rigid perception and attitude of the Iranian authorities towards [XXX] and, well, [XXX]. Second, is that he is Dervish, he’s Sufi. In fact, in his testimony, which again the Board found credible, he sort of put the two together as well, that they mesh, that being Sufi, being Dervish, and the meditation process, the calmness, the peacefulness, erased blocks and made him a better [XXX]. And he indicated that his [XXX] was not for the regime, it was not for anyone but himself and his spiritual beliefs and his worship to humanity and that includes God. And because of these two purposes, these two reasons, he is being pursued, harassed, by the authorities.

[14]     The Board found that he is indeed a [XXX], this is based on his testimony, on the numerous documents, on his activities in Canada, on the documents on the websites that show him as a [XXX]. He is a [XXX], that’s a fact. Regarding his religion, is he Sufi? Is he Dervish? The answer is yes. On the evidentiary standard that this Board has to use, on a balance of probability, he is. I found his testimony when he was talking about, very briefly about, the Dervish principles, the religion, the environment, the culture, I found it to be, for him to be, articulate and not vague in his testimony and there was a truthfulness in his testimony, in his convictions, when he was talking which was certainly, was not made up. So, on a balance of probability, he is Dervish.

[15]     One then looks at the country condition articles and reports that have been filed, both by counsel and the Refugee Protection Division. Well, and one should note particularly for the Refugee Protection Division’s articles, many of those articles are from well respected international human rights organizations like Amnesty International, Human Rights Watch, and then there’s reports from agencies, state departments, from well-respected Western democracies such as this very country, Canada, Finland, United Kingdom, United States and they all state the same. And what is that? That there is – that the Dervish community, in fact, one should say all minority religious communities in Iran, are persecuted, are targeted, are looked in a very restrictive way.

[16]     Also, these articles and reports state, again clearly, that musicians are targeted. That, for some reason, the Iranian authorities see musicians as dangerous. Particularly, that they are perceived, that their music touches upon politics, more so freedom of association, freedom of expression; many things that this regime sees as threatening to them. So, the country condition articles, this Board finds that the country condition articles, his testimony, the personal documents filed, finds that if the claimant did return that he would have a well-­founded fear of persecution.

[17]     I don’t think there’s any need to get into the specifics of the persecutions or the lack of state protection in Iran that is directed towards religious minorities and, in particular, the Dervish community. It’s in many articles. Same with discrimination, harassment that amounts to persecution directed towards musicians. Simply put, what the claimant was testifying to, what his allegations and his claims were stating, is supported by what’s in the country condition articles and reports. The, at best, could be described as a Kangaroo Court that the claimant stood in for a short period of time; it must have been horrific. But again, the country condition articles and reports state exactly that, that that happens. And again, I found the testimony of this particular claimant to be credible.

[18]     So, there’s a – the claimant has met the presumption that there is no adequate state protection within Iran with clear and convincing evidence, particularly given that the agent of persecution is the state.

[19]     Regarding the issue of internal flight alternatives, well there is none. Why? Because, again, the state is the agent of persecution.

CONCLUSION

[20]     Based on this brief analysis, the Board finds that the claimant is a Convention refugee and accepts his claim. This hearing is over.

Citation: 2020 RLLR 109
Tribunal: Refugee Protection Division
Date of Decision: January 15, 2020
Panel: Daniel Mckeown
Counsel for the Claimant(s): Nasser Hashemi
Country: Iran
RPD Number: TB9-20704
Associated RPD Number(s): TB9-20750
ATIP Number: A-2021-00945
ATIP Pages: 000173-000175

DECISION

[1]       MEMBER: I’ve considered the testimony and other evidence in this claim and I am now prepared to render a decision. The claimants are [XXX] and [XXX], they seek refugee protection against Iran pursuant to Sections 96 and 97 of the Immigration and Refugee Protection Act. For the following reasons the Panel finds that the claimants are Convention refugees and this claim is accepted.

[2]       For ease of reference, where this decision makes reference to the claimant, that means the male claimant although these reasons apply equally to both claimants.

[3]       This claim was based on the following allegations. The claimant became interested in Christianity when he visited an uncle in Romania. The claimant and his wife came to Canada in [XXX] 2018 for the claimant’s education. In [XXX] 2019 the claimant’s wife returned to Iran with their new born son. When she returned she encountered problems with authorities at the Iranian airport because her son was wearing a Christian cross. The son’s Canadian passport was confiscated and the claimant’s wife struggled for 4 months to have it returned. The claimant’s wife returned to Canada on [XXX] 2019. They immediately made their refugee claims, signing their Basis of Claims on [XXX] 2019.

[4]       The identities of the claimants were established on the basis of their Iranian passports. The originals of which were ceased by the Minister.

[5]       The Panel had two concerns about the credibility of this claim. First was that the claimant delayed seeking protection in Canada until [XXX] 2019, despite being here in Canada as a Christian convert since [XXX] 2018. Second the Panel was also concerned that the claimant’s wife returned to Iran with a Christian cross on her son, knowing that it could have caused problems. Regarding the delay to seek protection, the claimant explained that his wife was pregnant at the time they arrived and turning his mind to making a refugee claim was difficult with his wife’s pregnancy. Regarding the return to Iran, the claimants explained how the cross was covered under their son’s clothing and they simply did not think this would cause problems for them.

[6]       While the Panel does have concerns, the Panel finds these explanations do somewhat mitigate the Panel’s concerns. The Panel does not find that these concerns ultimately undermine the credibility of this claim in its entirety or the presumption that the claimants have been truthful. In all of the respects the Panel did find that this claim is credible. The claimant spoke about his religious conversion to Christianity, he spoke about why he became interested in it, about why he continued to develop his faith and about how the faith has impacted his life. He spoke about the church he attended here in Canada, and the steps he has been taking to become baptized. The Panel found this evidence and testimony was compelling.

[7]       Other than noted above, there were no inconsistencies in the evidence. The claimant was straight-forward, spontaneous, and elaborated with significant detail upon the allegations. Where the Panel did have concerns, they were either reasonably explained, or otherwise did not outweigh the evidence supporting this claim. The Panel has access to the National Documentation Package for Iran, incredible sources such as the US DOS report and UK Home Office reports for example. These sources make clear that apostacy in Iran is illegal and punishable by death even though the female claimant herself may not be Christian, these are the country conditions evidence. The Panel was also satisfied that the female claimant herself would potentially face significant risk given her husband’s conversion, and given the difficulties she has already encountered in Iran.

[8]       Given that the Panel finds the claimant’s conversion is genuine, the claimants fit the profile of persons at high risk of persecution.

[9]       Whereas the State is the agent of persecution, the claimants have rebutted the presumption that state protection would not be adequate and forthcoming. Excuse me. The claimants have rebutted the presumption that state protection would be adequate and forthcoming. Likewise, there is no location in Iran the claimants could go where they would not face a serious possibility of persecution.

[10]     For all these reasons, the Panel finds that this claim is credible. The claimants fear is well-founded. The claimants face a serious possibility of persecution in Iran on a count of religion. The claimants are Convention refugees and this claim is accepted.

———- REASONS CONCLUDED ———-

Citation: 2020 RLLR 85
Tribunal: Refugee Protection Division
Date of Decision: March 11, 2020
Panel: Lesley Stalker
Counsel for the Claimant(s): Rasik Shah
Country: Iran
RPD Number: VB9-04273
Associated RPD Number(s): VB9-04292, VB9-04293
ATIP Number: A-2021-00800
ATIP Pages: 000164-000170

DECISION

[1]       MEMBER: This is the decision of the Refugee Protection Division in the claims of [XXX], the principal claimant and her children [XXX], associated claimant and [XXX] the minor claimant. The claimants are citizens of Iran who are claiming refugee protection pursuant to Section 96 and Subsection 97(1) of the Immigration and Refugee Protection Act.

[2]       In rendering these reasons, I considered and applied Chairperson’s Guideline 4 on Female Refugee Claimants Fearing Gender-Based Persecution and Chairperson’s Guideline 3 on Child Refugee Claimants Procedural and Evidentiary Issues. At the outset of the hearing, I maintained the designation of the principal claimant as the designated representative for her minor daughter, [XXX] Her son [XXX] turned [XXX] years old in [XXX] 2019 and so does not require a designated representative.

Allegations

[3]       The principal claimant fears gender-based persecution on the basis of her objection to strict gender-based roles for women in Iran. She is a painter and a poet who has used her art to decry what she has described as the tyranny of the Islamic regime against women. She says she endured two loveless arranged marriages which left her both broke and broken.

[4]       She also fears persecution on the basis of her religious beliefs and her imputed political opinion. The associated claimant [XXX] fears persecution due to his religious beliefs and his political beliefs. He says he believes in God but does not follow a particular religion. He rejects the mandatory Islamic, the mandatory imposition of Islamic beliefs on Iranian citizens.  And fears persecution due to his repudiation of a theocratic government in favor of a secular model.

[5]       The minor claimant [XXX] fears persecution on the basis of her gender. She objects to the strictures imposed on women in Iran, including the mandatory dress code. She also rejects the mandatory imposition of Islamic values on Iranian citizens. And says that she does not adhere to a particular religion.

ANALYSIS

Identity

[6]       I’m backing up here.

Determination

[7]       The Panel finds that the three claimants have established a serious risk of persecution in Iran based on their religious beliefs and in the case of the two female claimants, on the basis of their gender.

ANALYSIS

Identity

[8]       The claimants’ identities are confirmed by the testimony of the principal claimant and by their passports, certified true copies of which are on file.

Credibility

[9]       In refugee determine case, determination cases there is a presumption that claimants and their allegations are truthful. I found the three claimants to be credible witnesses.   They each endeavored to answer questions accurately and to elaborate on their answers when asked to do so. There were no material inconsistencies or contradution-, contradictions within or between their respective testimonies.  The principal claimant submitted a number of documents which corroborate her allegations. These includes a subpoena issued in [XXX] 2018 requiring her to attend a preliminary inquiry into whether she insulted the san-, sanctity of Islam.  This is found in Exhibit 4 at page 21.

[10]     She also submitted photocopies of her paintings and translations of her poetry which are collectively a heart-rending lament against the oppression of wislam-, oppression of women by the theocratic regime. In one poem she writes, I was a beautiful blossom., they shed all my pet-, petals before I bloom, not giving me a chance to see the spring. Another poem refers to the “beastly religious rules, those demons”.  And another says “religion is the lie of frauds.”

[11]     The principal claimant also filed a card attesting to her father’s membership in the Rastakhiz, R-A-S-T-A­K-H-I-Z Party and a death certificate which confirms her father’s death in [XXX] 1983. In her BOC, she said that her father was effectively assassinated because of his political beliefs.

[12]     The objective country evidence in the Immigration and Refugee Board’s National Documentation Package substantiate the claimant’s allegations concerning the lack of freedom of religious belief and the treatment of women. Based on the presumption of truthfulness and the corroborative evidence, I accept the allegations as set out in the princi-, principal claimant’s BOC and updated narrative as credible.

Well-Founded Fear of Persecution

[13]     I find that the principal claimant has established a well-founded fear of persecution based on her status as a woman and on her rejection of Islamic strictures on the people of Iran.

Profile of the Principal Claimant

[14]     The principal claimant’s profile is as follows. She says that her extended family has long opposed the regime. Her father was pursued by clerics in the early days of the revolution and eventually killed in a staged car accident. Her mother who is fearful for the safety of her outspoken and headstrong daughter, arranged for the principal claimant to marry an older man who worked for the regime when she, the principal claimant, was only [XXX] years old. When she was married, she was expelled by the school. After some incidents of abuse, the [XXX] bride fled her home and marriage. Her husband subsequently divorced her and she was allowed to complete high school.

[15]     Following the breakdown of this marriage, the principal claimant’s brother chaperoned her closely. She felt she was living in a prison of his creation. When she was [XXX], she married a 30-year-old man to escape the prison fashioned by her brother. The principal claimant and her husband have two children who are the associated claimants in this hearing. That marriage broke down when the principal claimant was in her early [XXX] and she again found herself marginalized as a divorced woman.

[16]     She began to teach art out of her home.  The classes became a center for discussion about various social issues. She wanted to take these ideas beyond her home, so registered at a university. However, her outspoken views created ongoing problems at the university and she had to drop out after three terms. She opened an art school but the ongoing pressure by Sepah, S-E-P-A-H and the Basij, B-A-S-I-J forced her to cut the male instructors from her school. She had to repeatedly write promissory letters to comply with the Iranian regime’s requirements.  And eventually, had to close the school altogether. She continued to pour her hopes, her anger and her pain into her poetry and her art.

[17]     In [XXX] 2018, she visited her sister in Canada. She was astounded to see a country in which women are treated with respect.  She returned to Iran only because her children were still there. Upon her return to Iran, the authorities continued their surveillance of her activities. On [XXX] 2018, they forced her over in her car.  When the officers started to humiliate and disrep-, disrespect her, she erupted in rage against Islam and its laws. She was arrested and released the following day upon posting a bond.

[18]     On [XXX] 2018 she received a subpoena ordering her to attend an inquiry on [XXX] the [XXX], 2018. A cousin informed her that she was not yet on a no-exit list, so she and her children flew to Turkey on [XXX] the [XXX] 2018. The claimants were only allowed to stay in Turkey for three months. The principal claimant reluctant-, reluctantly agreed to pay [XXX] to an agent so that she could get visas for her children to get to Canada.

[19]     The principal claimant returned to Iran in [XXX] 2018 to finalize her affairs and grant power of attorney to her brother. She did not return to her home and took precautions to remain undetected. Nonetheless, despite these precautions, she received a call saying that she was being followed and that she faced being killed. On [XXX] she learned that a second subpoena had been delivered to her home and she immediately returned to Turkey. The three claimants flew to Canada on [XXX], 2018.

[20]     The associated claimant, [XXX] who is [XXX] years old, testified about his religious and political beliefs. As noted above, he says he does not adhere to any religion. And refuses to participate in the religious rituals and practices which are demanded in many parts of Iranian life. He noted that he now faces the mandatory military service in Iran as a soldier. If he refuses to pray or to fast during Ramadan he faces flogging and other punishments including the extension of his military service. His mother testified that [XXX] is rebellious by nature. And she fears that his free-spirited actions will quickly bring him to the attention of the authorities.

[21]     The minor claimant, [XXX] is [XXX] years of age. She testified about her objection to the strictures imposed on women in Iran in the name of Islam, in the name of Islam.  Including the mandatory wearing of the hijab. The principal claimant testified that [XXX] hated having to wear the hijab in Iran. She recalled that when [XXX] was approximately [XXX] or [XXX] years old, the principal claimant picked her up from school by car on a hot day. Once in the car, [XXX] pulled her headscarf off. The religious police saw this and detained the principal claimant and [XXX] for a day. [XXX] was incensed by this and remains so to this day. [XXX] testified that she is not a practicing Muslim and that she does not believe in any religion.

Nexus

[22]     I find that the fears of the principal claimant and [XXX] are refle-, are connected to the refugee Convention grounds of religion, membership in a particular social group, namely gender.  And actual or imputed political beliefs. The fears of the associated claimant [XXX] are connected to the Convention ground of religion and political belief. I therefore assess their claims under Section 96 of the Act.

Subjective Basis

[23]     The principal claimant has described her fears of persecution persuasively and in detail. Her decision to return to Iran in [XXX] 2018 raises a question about whether she may have reavailed herself of the protection of her country. I find that her description about the precautions she took to remain undetected and her immediate flight back to Turkey when the second subpoena arrived have satisfied me that she had a sub-, has a subjective fear of persecution in Iran. And that her short-term return to the country in [XXX] 2018 does not undercut that subjective fear.

[24]     The associated claimant and minor claimant also established a subjective fear of persecution throughout their eloquent and pervasive testimony.

Objective Evidence

[25]     The objective evidence supports the fears of the three claimants. Reports in the National Documentation Package confirm that the Iranian State authorities continue to impose harsh restrictions on the rights of women. To arrest wome-, women rights activists, prohibit dissemination of information the government deems damaging and that the government maintains control on art and censors art production that is deemed to promote secularism or non-Islamic ideas about women’s rights and behaviors. And for this I, I’m referring to the information in the U.S. Department of State report found at Tab 2.1 of the NDP. Iran is a theocracy where ultimate power rests with the supreme leader and unelected institutions under his control.

[26]     The gender policies among the ideological pillars of the Islamic Republic and therefore, patriarchy is enforced by the State itself.

[27]     Legislation in Iran is based on Sharia law which generally regus-, reduce a woman as having only half the value of a man. The 2017 Global Gender Gap ranks Iran at 140 out of 144 countries. And for this, I refer to the report at Tab 5.1 at the NDP. Amnesty International states that violence against women and girls including domestic violence and early enforced marriage are widespread and committed with impunity as gender-based violence is not criminalized.

[28]     According to the Finnish Immigration Service sexual harassment is widespread and violence against women is commonplace in Iran. More than 50% of women have suffered psychological abuse. And more than 1 in 3 had suffered acts of physical abuse. Almost 1 in 3 of the surveyed women reported having experienced restrictions included, including limitations on contacts with friends and family. And limitations on their ability to pursue employment, education or participation in public affairs. The report also states that women feel compel-, compelled to tolerate violence inflicted not only by their husbands, but also by other family members for fear of shame, being ostracized or divorced. And because there are a lack of alternatives to the abusive environments. And for that, I refer to Tab 5.3 of the NDP.

[29]     Restrictions on women govern all aspects of their lives. Women cannot ride bicycles, enter stadiums, travel alone or choose their clothes. Female athletes have traditionally been barred from competing in international tournaments. All women, irrespective of religion, are required to cover their hair, skin above the wrist or ankle and below the neck and the contours of their body in public. And this last proposition is found in the Response to Information Request at Tab 5.4.

[30]     The law provides that a woman who appears in public without appropriate attire such as, such as a hijab over the head or a long jacket, manteau, M-A-N-T-E-A-U or a full-length cloth covering, chador, may be sentenced to flogging and fined.  And this is the U.S. Department of State report at Tab 2.1. These laws are enforced with vigor. Approximately 730,000 women a year are arrested for failing to comply with the billing requirement.  And this is Tab 5.1 of the NDP.  However, there’s no consensus on what constitutes a proper hijab which leaves women vulnerable to the interpretation or whims of the enforcing officer.

[31]     According to the Austrian Centre for Country of Origin and Asylum Research and Documentation, cultural figures including musicians are targeted by the regime, regardless of whether they live in Iran as their work is deemed to be immoral.   And this is found in NDP Item 2.6. Solo female artists are prohibited from performing in front of audiences. And musicians are constan-, consistently banned, imprisoned and harassed by authorities.

[32]     And I find on a balance of probabilities that the restrictions or harassment that are imposed on musicians are likely to be equally applied to other forms of art, including painting or poetry, such as the work that the principal claimant has done. The country reports also indicate that the Iranian authorities demands strict adherence to Sharia laws and criminalize dissent.

[33]     The U.S. Department of International Religious Freedom report states that Iran’s constitution defines the country as an Islamic Republic and all laws and regulations must be based on Islamic criteria. Conversion from Islam to another faith is punishable by death. An IRB Response to Information Request on the treatment of atheists in Iran found at Tab 12.14 of the NDP quotes sources as saying that atheism is not recognized in Iran. And under Iran’s Sharia law any Muslim who abandons his or her faith may face the death penalty for apostasy.

[34]     With the respect to the ability to freely express one’s opinion, the USDOS report at Tab 2.1 states that the law provides for the prosecution of persons accused of instigating crimes against the State or national security or insulting Islam. The government severely restricted freedom  of speech and of the press and use the law to intimidate or prosecute persons who directly criticize the government or raised  human rights problems. As well as to bring ordinary citizens into compliance with the government’s moral code. The U.S. Commission on International Religious Freedom 2018 annual report found at Tab 12.2 indicates that the government of Iran discriminates against its citizens on the basis of religion or belief. As all laws and regulations are based on the unique Ja’fari Shia Islamic criteria.

[35]     Under Iran’s Penal Code, mohareh-, moharebeh vaguely defined and often used for political purposes and Sabul-Nabi, S-A-B-U-L – N-A-B-I, insulting the prophet, are capital crimes. The same document notes that the Iranian government exercises strict control over expression  of religious ideas and dissent online as part of its broader censorship and targeted use of technology.

[36]     Upon reviewing the credib-, the claimants’ credible testimony and the country reports on Iran, I find that they have collectively and individually established  that they face a serious risk of persecution in Iran on the basis of their religious beliefs. And in the case of the two female claimants, on the basis of their gender. Given my finding that the claimants face a risk of persecution because of their religious beliefs, I’ve not assessed the risk they may face on the basis of their political opinions.

State Protection

[37]     Given that the State is the agent of harm, I find there’s no state protection available to them. Furthermore, given the State’s capacity and censorship laws and their laws against apostasy and blasphemy which extend throughout the country, I find they face a serious possibility of persecution throughout the country.

[38]     It is therefore, not possible for them to relocate to another location in Iran. There is no in-, viable internal flight alternative available to them.

CONCLUSION

[39]     For the foregoing reasons, I find that the claimants have established that they are Convention refugees pursuant to Section 96 of the Immigration and Refugee Protection Act. I therefore accept your claims.

———- REASONS CONCLUDED ———-