Category: Pakistan

Citation: 2020 RLLR 56
Tribunal: Refugee Protection Division
Date of Decision: October 9, 2020
Panel: R. Moutafova
Counsel for the Claimant(s): Peter J Wuebbolt 
Country: Pakistan 
RPD Number: TB8-13720
Associated RPD Numbers: TB8-13781, TB8-13786, TB8-13787
ATIP Number: A-2021-00655
ATIP Pages: 000177-000188

REASONS FOR DECISION

INTRODUCTION

[1]       [XXX] (father and a principal claimant), his wife [XXX] (mother and an associate claimant), and their two children [XXX] (the adult child-claimant) and [XXX] (the minor claimant), are citizens of the Islamic Republic of Pakistan (hereafter Pakistan). They are claiming refugee protection pursuant to s. 96 and s. 97(1) of the Immigration and Refugee Protection Act¹, hereafter “the IRPA“.

[2]       The claims were heard jointly pursuant to Rule 55 (1) of the Refugee Protection Division Rules².

[3]       The principal claimant was appointed as the designated representative for the minor claimant.

[4]       The Chairperson’s Guideline 4³ – Women Refugee Claimant’s Fearing Gender-Related Persecution was used to help assess the circumstances of this claim that may affect findings of fact and findings of mixed fact and law.

Procedural history

[5]       The claims were heard on May 31, 2019, however the member of the Refugee Protection Division of the IRB did not render decision on the merits of the claims. The IRB decided to administratively re-hear the claims in a DeNovo hearing, presided over by another member of the Refugee Protection Division of the Board. This DeNovo hearing was held on September 17, 2020

DETERMINATION

[6]       The panel finds on a balance of probabilities that the claimants are Convention refugees on the grounds of their views on religion which places them as Members of a Particular Social Group. Their religious views are of moderate Sunni Muslims with humanitarian and liberal mindset, who do not support the Jihad and the fundamentalism in Pakistan, and who are against the religious extremists’ methods of suiciding attacks against their perceived enemies.

[7]       The reasons are as follows.

ALLEGATIONS

[8]       The complete story alleging the basis of the Claimants’ fear is captured in their Basis of Claim (BOC) forms⁴, and was expanded upon in testimony by the three adult claimants. In short, the claimants fear that they will be harmed or killed by religious extremists and fundamentalists in Pakistan stemming from their unsuccessful attempt to recruit the son of the family (the adult child-claimant) as a Jihadist solder and a suicide bomber.

[9]       Both parents are university educated individuals from Karachi. The family has only one son – the adult child-claimant, who is hafiz, a person who has memorised the Quran in Arabic language (the native language of the claimants is Urdu.). For this purpose, since the age of four he had attended a special religious school and had completed six classes, where he had studied also subjects from the general educational curriculum. He had obtained two Certificates for his achievements in the memorizing of the Quran.

[10]     Then he continued his education in a secular, international private school in Karachi. As a devoted Muslim, in performing his duties to volunteer and help those in need, and also to maintain his memory about the verses of the Quran, he attended the [XXX] 3 days at the end of each week. There he was teaching the Quran to younger children who were from poor families and were receiving free board, food and religious education in the [XXX] at the mosque. The adult child-claimant was also praying in this mosque with his father on the Fridays.

[11]     In the month of [XXX] 2017 several unknown and unintroduced men began appearing at the classes with the children (students) and began talking about Islam and about Jihad. They interpreted for the children some Qur’anic passages that refer to the Jihad and explained the meaning of the Quran as requesting the true Muslims to be part of Jihad. They spoke about the purpose in life as per the Qur’an and that being a better Muslim means fight against the non­believers like Christians, Ahmadi, Shia Muslims, etc. The men were not friendly, they tried to instill fear in the students and warned them to keep secret the meetings with the men and threatened them with death if they would dare to speak with anybody else about these teachings. The unknown men gave away written materials with information, purporting to be the right interpretation of the Qur’an and appealing to the readers to be true Muslims and followers of the Qur’an by joining Jihad.

[12]     These materials were found inadvertently by the mother of the adult child-claimant (the associate claimant) and alarmed her. She asked her son for explanation, but he was very scared and did not tell her anything about the source of the materials. She sent her husband (the PC) to the [XXX] to inquire what is happening and the source of the materials.

[13]     The father attended the [XXX] and was assured by the management that there is no danger of fundamentalism of the students there. However, the extremists continued to visit the classes in the [XXX] and the adult child-claimant became more and more scared with each visit. The mother continued to invite explanations from her son about the Jihad literature and he eventually confided what is going on. Thus, the parents prohibited their adult child-claimant to continue to teach in the [XXX], which was not taken well by the administration there.

[14]     The management of the [XXX] tried multiple times to pressure the claimants to send back their son and initially the claimants were providing medical-problem-excuses for their son not attending any more. Eventually they got the courage to state, that their son – the adult child­ claimant is not going to attend any mote and immediately they were threatened over the phone by the administrator of the [XXX]. They started receiving calls from unknow persons threatening that they will regret if disobey and do not send again the son back to the [XXX]. The claimants filed a complaint with the police on [XXX] 2018.

[15]     Further, the threatening phone calls continued and even on one occasion unknown people visited the family, angry from the disobedience to the orders the son to return to the [XXX]. They repeated the death threats against the entire family again.

[16]     Few days later, on [XXX] 2017 a stone with a life-threatening letter around it was thrown through the window of the claimants. The letter was accusing them as infidels, deserving to be killed, because they vive western education of their children and engage in un-Islamic activities. A second complaint was immediately filed with the police⁵, which did not investigate any of the complaints.

[17]     The adult child-claimant fell ill from fear. When recovered, he did not go any more to the [XXX], but he continued to attend his international high school. The commute to and back from the private school was arranged with a special school bus. Nevertheless, one day an unknown person attempted to pick up the boy after school. The security prevented the attempt and alarmed the administration and the family.

[18]     The Police refused to accept any more complaints and to be involved in a such religios issue, which they pretended to be a minor, unimportant dispute about the education of the son. Understanding that no protection is coming, the scared family moved immediately to Islamabad, where they stayed with a cousin. The threatening phone calls continued on the cell phone of the mother, insisting that the adult child-claimant get back to the [XXX]. The claimants arranged their travel to Canada and arrived on [XXX] 2018. They were planning that the PC would be able to make some alternative arrangements for their safe return and residence back in Pakistan.

[19]     The PC, who was working for the [XXX], and could not take a longer leave from his job, returned in Karachi on [XXX] 2018. He took precautious measures and stayed at his brother, visiting his home rarely only at night to pick documents and things of necessity.

[20]     Encouraged that everything seems calm, one night, on [XXX] 2018, the PC stayed in the house and on the next day, when leaving for his prayer, he saw many abusive slogans painted on the house. He left quickly for his brother, but on his way he was attacked and shot at by two individuals on a motorbike. The PC arrived back in Canada on [XXX] 2018 and the entire family applied for refugee protection three days later.

ANALYSIS

Identity

[21]     The panel finds, on a balance of probabilities, that all claimants have provided sufficient documentation to establish their personal identities and citizenship in Pakistan, based on their testimony and the certified true copies of their Government of Pakistan passports.⁶

Religious identity

[22]     The panel is satisfied that the mother and associate claimant are Shia Muslim and that the father and principal claimant are Sunni Muslim, based on the testimony of the adult claimants, the donation receipts from [XXX] and personal documents provided into evidence⁷. The claimants explained that they are cousins and the differences in their religious views have never been an issue, because the extended family has broad, liberal, humanitarian views on religion and on the individual liberty.

[23]     The panel accepts, on a balance of probabilities, that the adult child-claimant, is hafiz, a person who had memorised the Quran. He submitted two Certificates from the [XXX] from 2011 and 2012 for his achievements in memorization of the Holy Quran⁸. The claimant testified personally about his study experience and was able to demonstrate his knowledge by reciting verses from the Quran by heart in Arabic language. The panel is satisfied, on a balance of probabilities, that the adult child-claimant is a Sunni Muslim and hafiz.

NEXUS

[24]     The panel finds that the claimants are Convention refugees in that they have a well-founded fear of persecution from religious extremists due to their humanitarian and liberal religious views on Islam, and, thus, the nexus to the Convention is their membership in a particular social group.

CREDIBILITY

[25]     All three adult claimants provided testimony. The panel finds that the claimants are credible on the material aspects of their claims – specifically the panel finds that the adult child­ claimant is hafiz and that while teaching classes of poor children, boarding and studying in the local [XXX], he had been identified and targeted by extremists over a couple of meetings, who tried to pursue him to join Jihad and become a suicide bomber.

[26]     Generally speaking, the claimants’ testimony was direct, sincere, detailed and spontaneous. Overall, the panel did not find any contradictions, inconsistencies, omissions or implausibility regarding any aspects of their account which could have undermined the credibility of their statements. They provided many details of the events, that have led to their fleeing Pakistan. In coming to this finding on credibility the panel also considered the numerous claimant-specific documents tendered into evidence⁹ by the claimants to support their allegations, namely: school documents, reports to the police, First Information Reports to the police, affidavits from eye eyewitnesses of the kidnapping incident from the school, letters of support from family members, letters from [XXX] from Pakistan and from Canada about the affiliation of the claimants, birth and death certificates, employment history records.

[27]     The panel finds that the claimants were credible witnesses and did not find any discrepancies or inconsistencies between their testimony and the documents they submitted. The panel finds, that the evidence before the panel establish, on a balance of probabilities, that the adult child-claimant was a victim, together with the [XXX] boarding school children, of persuasion to join the Jihad and attempt to be recruited as a suicide bomber. When his parents intervened and stopped him from further attending the [XXX] and meetings with the religious extremists, the entire family was targeted for harm by the particular individuals, belonging to the religious extremists and fundamentalists in Karachi, Pakistan.

Objective basis of future risk

[28]     Based on the credibility of the claimants’ allegations, and the documentary evidence set out above, the panel finds that the claimants have established a future risk to their lives and that they will be subjected to violence at the hands of Islamic extremists in Pakistan, owing to their identities of mixed family of Shia and Sunni Muslim, who has liberal and moderate religious views and is against Jihad, promulgated by religious extremists and fundamentalists.

[29]     The objective documentary evidence that corroborate the allegations of the claimants are found in many documents: In item 1.18 of the NDP on Pakistan (NDP)¹⁰ the UK Home Office informs about the report of the UN Secretary General (UNSG) on Children and armed conflict, dated 16 May 2018, where is noted:

“The United Nations continued to receive reports of the recruitment and use of children, including from madrasas, and allegations of the use of children by armed groups for suicide attacks. In January [2017], TTP released a video showing children, including girls, being instructed in how to perpetrate suicide attacks.”

Further, the UK Home Office advises that According to the USSD human rights report for 2017:

“Nonstate militant groups kidnapped boys and girls and used fraudulent promises to coerce parents into giving away children as young as 12 to spy, fight, or die as suicide bombers. The militants sometimes offered parents money, often sexually and physically abused the children, and used psychological coercion to convince the children the acts they committed were justified. The government operated a center in Swat to rehabilitate and educate former child soldiers.”

[30]     The suicide attacks are already part of the contemporary mode of terrorism of the militant groups. Item 7.1 of the NDP about the Jaish-e-Mohammed (JeM) militant group in Pakistan from the Research Directorate of the Immigration and Refugee Board of Canada reports that JeM was the first jihadi organization to launch suicide attacks (…) in 2002. Sources indicate that the group’s attacks are aimed at killing the maximum number of people, including security force personnel and civilians, targeting the Pakistani state and sectarian minorities. Despite bans on JeM’s activities, the group continues to operate openly in different areas of Pakistan and has claimed to have 300 suicide bombers available to attack (…).

[31]     In a June 2010 article¹¹, The Economist quoted a Lahore-based political analyst as saying that:

“[t]he Punjab government is not only complacent, there is a certain ambivalence in their attitude’ towards extremists…..They compete for the religious vote bank”‘ (The Economist 3 June 2010). The same source states that as the death toll grows, so do concerns that even the appearance of official tolerance gives these organisations legitimacy……The Federal Interior Minister, Rehman Malik, declared that an “operation” was needed to clear out the Punjabi groups. He claimed that 44% of Pakistan’s madrassas – Islamic seminaries – are based in south Punjab and that groups like (…..) Jaish-e­Mohammed are “part of the Taliban and al-Qaeda.”

Reavailment

[32]     The panel had concerns about the reavailment of the PC back to Pakistan after arriving in Canada and leaving his family here. The PC testified that he was having a lucrative employment in the [XXX] in Karachi and that he was not planning to seek refugee protection in Canada, when he fled Pakistan with his family after the incident, that looked like an attempt of kidnapping of his son. The PC testified that the family was planning to re-locate somewhere in Pakistan and he returned to maintain his job while obtaining re­ assignment or finding another solution for re-location. However, upon his return in Pakistan, although the precautionary measures, he became a victim of an assassination attack and his house was vandalized with abusive slogans with religious context. This made him re-assess the threats from the religious extremists and fundamentalists for the entire family and to find them real and inevitable. This is when he decided to seek protection from Canada.

[33]     The panel finds, on a balance of probabilities, that the explanations of the claimant were reasonable and credible and that in the circumstances, the PC’s individual return to Pakistan does not amount to re-availment demonstrating a lack of subjective fear.

State Protection

[34]     The claimants alleged that the state is unable or unwilling to provide them with adequate protection. The objective documentary evidence indicates that there is a lack of rule of law in Pakistan, including a lack of due process and a lack of government accountability. This means that abuse often goes unpunished, fostering a culture of impunity amongst perpetrators. The claimants have previously sought police protection in Pakistan, which was not provided to them due to unwillingness of the Police to be involved in such sensitive religious issue with violent agents of persecution/harm. The NDP contains numerous reports that outline deficiencies and inaction from state authorities in situations such as those, alleged by the claimants. There are reports that law enforcement authorities are often unwilling, or even when they are willing, are unable to protect from the attacks of religious extremists. Pakistani authorities have faced criticism for their failure to protect religious violence, for permitting militant organizations to operate with impunity, and for not investigating and punishing the groups responsible for violent attacks.¹² The United States Commission on International Religious Freedom described the response of the Pakistani government as “grossly inadequate state protection for Shia Muslims.”¹³ That same report notes that “the government has proven unwilling or unable to crack down on groups that repeatedly plan, conduct, and claim credit for attacks, or prevent future violence.”¹⁴

[35]     Further the reports inform that:

“Pakistan’s police system suffers severe deficiencies in a number of areas, including equipment, technology, personnel, training, and intelligence capability. They are considered one of the most corrupt institutions in Pakistan. There have also been reports that the police have often failed to protect members of religious minorities, women and the poor.”¹⁵

[36]     In addition, the News International, a Pakistani newspaper, stated in a 3 March 2014 article that, according to the NISP, there are a total of 60 banned organizations in Pakistan, including JeM, and although the government has taken steps to ban certain organizations, “metamorphism” of these groups and “implementation gaps” remain a challenge for the government’s internal security mechanisms.

[37]     The panel, therefore, concludes that the claimants have rebutted the presumption of state protection with clear and convincing evidence.

Internal flight alternative (IFA)

[38]     The panel inquired as to whether the claimants could relocate to Hyderabad or Multan, or DG Khan and live safely. The male claimant testified that nowhere is safe for them in Pakistan and they would be at high risk of harm by the extremist organizations who would try to hurt him and his family.

[39]     The panel finds that there is a well-founded fear of persecution which exists throughout the country, and there’s a serious possibility of persecution throughout Pakistan for the claimants. The conclusion is based not only on the statements by the claimants above, but also on evidence in the NDP, which indicates that, in general, an internal flight alternative would not be available where there is a likelihood that persons such as the claimants would be persecuted by extremists for their perceived un-Islamic position with respect to Jihad.

[40]     There are reports within the documentary evidence that given the wide geographic presence and reach of religious extremists or anti-Shia militant groups, a viable internal flight alternative would generally not be available to individuals at risk of being targeted by such groups, as is the family of the claimants, which is of mixed reldigion: Sunni and Shia Muslim and which opposed involvement of their son in Jihad. The panel finds that there is a serious possibility of the claimants being persecuted throughout the country given their profile and the reach of the agents of persecution.

[41]     Given the objective documentary evidence cited above regarding state protection and the claimants’ testimony the panel finds that there is no viable IFA for these claimants in Pakistan at this time.

CONCLUSION

[42]     Based on the analysis above and to the relevant provisions of IRPA, the panel concludes that the claimants do have a well-founded fear of persecution on Convention grounds and, therefore, are Convention refugees, within the meaning of section 96 of IRPA.

[43]     Therefore, the panel accepts these claims for refugee protection.

(signed)           R. Moutafova

October 9, 2020

¹ Immigration and Refugee Protection Act, S.C. (2001), c. 27, as amended.
² Immigration and Refugee Board, Refugee Protection Division Rules, SOR 2012/256.
³ Chairperson ‘s Guideline 4: Women Refugee Claimants Fearing Gender-Related Persecution: Update, Guidelines Issued by the Chairperson Pursuant to Section 65(3) of the Immigration Act, IRB, Ottawa, November 25, 1996, as continued in effect by the Chairperson on June 28, 2002, under the authority found in section 159(1)(h) of the IRPA.
⁴ Exhibits # 2.1, 2.2, 2.3.
⁵ Exhibit # 8: Disclosure – Personal documents.
⁶ Exhibit # 4.1.
⁷ Exhibit # 8.
⁸ Idem.
⁹ Idem.
¹⁰ Exhibit # 3 – NDP on Pakistan, version from 31 March 2020.
¹¹ Idem, item 7.1.
¹² Idem, item 1.8: UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Members of Religious Minorities from Pakistan, January 2017.
¹³ Idem, items## 12.5 and 1.22.
¹⁴ Idem, item 12.5.
¹⁵ Idem.

Citation: 2020 RLLR 44
Tribunal: Refugee Protection Division
Date of Decision: September 25, 2020
Panel: D. Marcovitch
Counsel for the Claimant(s): John Savalgio 
Country: Pakistan
RPD Number: TB9-15066
ATIP Number: A-2021-00655
ATIP Pages: 000100-000105

REASONS FOR DECISION

[1]       The claimant, [XXX] claims as a citizen of Pakistan and seeks refugee protection pursuant to subsections 96 and 97(1) of the Immigration and Refugee Protection Act (“IRPA“).¹

ALLEGATIONS

[2]       The claimant’s allegations are fully set out in his Basis of Claim (BOC) form² and amendment.³ In summary, the claimant is a [XXX] man who was born to a Sunni Muslim family in Sialkot, Punjab province on [XXX]. He alleges a fear of persecution from the Sunni extremist group Lashkar-e-Jhangvi (“LeJ”) as a result of his conversion from the Sunni sect to the Shia sect and his active Shia religious practices.

[3]       On or about [XXX] 2019, the claimant traveled from [XXX]. Then, on or about [XXX] 2019 the claimant travelled from [XXX] Canada, via [XXX] and arrived in Canada on [XXX] 2019. On or about June 11, 2019, the claimant’s refugee claim was referred to the Refugee Protection Board (the “Board”).

DETERMINATION

[4]       I find that the claimant is a Convention refugee pursuant to s.96 of IRPA.

ANALYSIS

Nexus

[5]       I find that the claimant has a nexus to the Convention ground of religion, based on his allegations of having converted from the Sunni to Shia sect and consequent persecution alleged.

Identity

[6]       I accept, on a balance of probabilities, that the claimant is a citizen of Pakistan on the basis of his Islamic Republic of Pakistan passport⁴ which was seized by Immigration, Citizenship and Refugees Canada (IRCC) when the claim was filed.

[7]       Further, I also accept on a balance of probabilities that the claimant converted from the Sunni sect to the Shia sect of Islam, based on his testimony and support letters from friends, [XXX] officials, religious leaders and family. I find on a balance of probabilities that the letters from the claimant’s father and the [XXX] of the [XXX] that the claimant’s father belonged to, establish that the claimant was formerly a follower of the Sunni Islam sect.

Credibility

[8]       I had certain issues with the claimant’s credibility stemming from the fact that he paid the equivalent of approximately [XXX] CAD to an agent, while he was still working in [XXX] in order to secure Visa’s to various countries around the world, including Canada. I note that the claimant spent this money after converting to the Shia sect, but prior to having any threats made against his life in Pakistan. I asked the claimant why he would have spent [XXX] CAD to get the Visa’s if there were no threat to his life. The claimant testified that he did so just to be safe in case he experienced problems related to his Shia conversion or feared for his safety. I find that such an explanation is unreasonable in these particular circumstances. I find that spending such a significant amount of money for a ‘just in case’ situation where he would not have used the Visa’s if nothing transpired on his return to Pakistan, is implausible. I find on a balance of probabilities that the claimant spent [XXX] CAD to get the assistance of an agent and associated travel visa’s because it was always his intention to leave Pakistan even though he had not yet experienced any persecution at the time the Visa’s were acquired.

[9]       However, having made the above noted findings, I recognize that the above noted issues neither go to the core of the claim, nor should the implausibility finding, without more, lead to a negative decision.

[10]     While the above noted issues certainly raise questions, by inference, as to the credibility of the claimant’s allegations concerning what happened to him after he returned to Pakistan from [XXX], I find on a balance of probabilities that the claimant has provided sufficient corroborative evidence of his faith and activities once he was back in Pakistan, that I am unable to deny the credibility the allegations that go to the heart of his claim.

[11]     I note that the claimant provided hospital records and a First Information Report (“FIR”) that corroborate his allegations of having been attacked and injured after he left his [XXX] on [XXX] 2019. The claimant’s allegations in his BOC regarding this attack and the details contained in the FIR largely corroborate each other. The primary difference is that the FIR does not mention the LeJ as the claimant’s attackers, but rather as local, unknown extremist persons.

[12]     I also accept, on a balance of probabilities, that the claimant fled [XXX] and went to [XXX] prior to leaving Pakistan based on the support letter from [XXX], who the claimant stayed with in [XXX].

Well-Foundedness

[13]     There is considerable documentary evidence⁵ before the panel that supports the claim that there are significant problems in Pakistan for Shia Muslims in general and Sunni to Shia Converts in particular.

[14]     I note that in a Response to Information Request at NDP Item 12.56 it is stated that, “[s]ectarian violence in Pakistan has historically targeted individuals, places of worship, shrines and religious schools, however Shi’a traditionally represented a higher proportion of the casualties,” noting that Shia face threats from anti-Shia militant groups, including Lashkar-e­ Jhangvi (LeJ), which “seeks to have Shi’a declared ‘non-believers’ or apostates,” as well as from Sipah-e-Sahaba Pakistan (SSP), also known as Ahl-e-Sunnat-Wal-Jamaat (ASWJ), LeJ al-Alami, and other factions of the Tehrik-e Taliban Pakistan (TTP) (Australia 20 Feb. 2019, para. 3.99).” I find that the claimant’s fear of persecution in Pakistan is well-founded.

State Protection

[15]     The UNHCR Eligibility Guidelines For Assessing the International Protection Needs of Members of Religious Minorities From Pakistan⁷ dated January 2017, states, that “[T]he government has been criticized for failing to protect Shi’ite Muslims from attacks, and for allowing militant organizations to operate with impunity by failing to investigate and punish those responsible for violent attacks against Shi’ites in Pakistan.”

[16]     Further, the same UNHCR document notes that “[E]ven where the police have been present they have reportedly been unable to stop attacks; analysts have described the authorities as indifferent, incompetent or even complicit in the violence and discrimination against Shi’ites.”

[17]     As a result, and given that authorities in Pakistan did not appear to assist/protect the claimant beyond taking the FIR, I find on a balance of probabilities that the claimant did not receive adequate state protection in the past and nor would he receive it in the future. I find that the claimant has rebutted the presumption of state protection.

[18]     The claimant testified that should he return to Pakistan today, he would be killed by the LeJ or other extremist religious militant groups due to his Shia religious activities. Based on the evidence adduced, I find on a balance of probabilities that the claimant came to the attention of the LeJ and is currently being pursued to stop his Shia activities. I find that while the claimant has only recently become an active and outwardly practicing Shia convert in Pakistan, I find that the evidence suggests that the LeJ has been looking for him in locations other than his home town of Sialkot and they also have his photograph as shown on the placard for the [XXX] mourning event on [XXX] 2019. I therefore find that there is no Internal Flight Alternative for this claimant because the LeJ tracked him down to a friend’s house in Lahore and have therefore shown a continuing interest in the claimant.  Further, even if the claimant were able to safely relocate in the short term to Hyderabad, I find that his active faith and sponsorship of [XXX] activities would create a serious possibility that he would eventually be found and persecuted in the future.

[19]     Therefore, based on the totality of the evidence adduced, I find that there is more than a mere possibility that the claimant will be persecuted by religious militant groups on account of being a Sunni to Shia convert and perceived to be active in Pakistan’s Shia Muslim community.

[20]     In light of my finding that the claimant is a Convention refugee, it is unnecessary to consider his claim under s.97(1).

[21]     This claim is accepted.

(signed)           D. Marcovitch

September 25, 2020

¹ The Immigration and Refugee Protection Act, S.C.2001, c. 27, as amended by the Protecting Canada’s Immigration System Act, S.C. 2012, c.17 (the “Act” or “IRPA”).
² Exhibit 2.
³ Exhibit 7
⁴ Exhibit 1.
⁵ Exhibit 3, National Documentation Package (NDP) for Pakistan (March 31, 2020) and Exhibit 5.
⁶ Exhibit 3, NDP (March 31, 2020), tab 12.5: Situation and treatment of Shia [Shi’a, Shi’i, Shiite] Muslims, including Hazaras and Turi, particularly in Lahore, Karachi, Islamabad, and Hyderabad; state response to violence against Shias (2017-January 2020). Immigration and Refugee Board of Canada. 15 January 2020. PAK106393.E.
⁷ Exhibit 3, NDP for Pakistan (March 31, 2020), item 1.8, at p. 54.

Citation: 2020 RLLR 33
Tribunal: Refugee Protection Division
Date of Decision: December 7, 2020
Panel: Samantha Bretholz
Counsel for the Claimant(s): Tony Manglaviti 
Country: Pakistan 
RPD Number: MB8-20495
ATIP Number: A-2021-00655
ATIP Pages: 000016-000023

REASONS FOR DECISION

INTRODUCTION

[1]       [XXX] (the Claimant), a citizen of Pakistan, claims refugee protection in Canada pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection Act (IRPA)¹.

ALLEGATIONS

[2]       The Claimant alleges that he was working in the United Arab Emirates (UAE) as a [XXX] while his wife and son were residing in Pakistan with his parents and siblings. The Claimant discussed how there was a general atmosphere of apprehension over [XXX] in the UAE, as foreign workers were beginning to be replaced with local Arab employees. On one of his biannual trips to visit his family in [XXX], Pakistan, he befriended [XXX] (the Mullah), a cleric at the mosque in his village, given that he was of the view that in the, not too distant, future he might be sent back to Pakistan from the UAE and he was looking to make connections in his home town. He developed a relationship with the Mullah and he introduced the Claimant to [XXX] ([XXX]) while on a subsequent trip to Pakistan in [XXX] 2018. The Claimant stated that [XXX] tried to pose himself as a scholar of Islam and contemporary issues, and they would speak about the greatness of Jihad.

[3]       The Claimant returned to the UAE in [XXX] 2018 to continue working. In [XXX] 2018, the Claimant stated that he received a call from [XXX] asking him to donate one million rupees for the Taliban Jihad. The Claimant refused, stating that the Jihad of [XXX] is sedition, and he would not pledge one penny to this cause. The Claimant stated that [XXX] responded by stating that the Taliban would have to now get involved to handle this case.

[4]       On [XXX], 2018, the Claimant stated that his family in [XXX] received a letter from the Taliban stating that if he did not pay, then they would kill him upon his return to Pakistan. In [XXX] 2018, the Claimant alleges to have received a call while in the UAE telling him to pay and that if he didn’t comply there were people in the UAE that would take care of him. The Claimant stated that the caller accurately described his daily movements, visits and schedule which led him to believe that he was being watched and followed in the UAE. Fearful that both his job was not secure and fearing for his life in Pakistan, the Claimant left the UAE for the United States of American on [XXX], 2018, to claim asylum.

[5]       Following his departure from the UAE, the Claimant alleges that the Taliban issued a fatwa (the Fatwa) against him stating that he was a kafir (an infidel), they have added his name to a “hit list” and information about him has been passed on to their expansive networks throughout Pakistan to find and kill him. Following the issuance of the Fatwa, the Claimant stated that police attended at his family’s home in [XXX] looking for the Claimant, and stated that he is to appear at the police station for the purposes of investigating a religious complaint. He further asserts that the police continue to attend at his family’s home every 3-6 months looking for him.

[6]       In an amendment to his Basis of Claim form (BOC)², the Claimant advanced that in [XXX] 2020 his relatives stated that the Fatwa was being distributed at a mosque in Karachi, which is located at the other end of Pakistan, over [XXX] km away from [XXX].

[7]       The Claimant fears the Mullah, [XXX], the Taliban, the Pakistani police and now the general population who would glean favour for killing an infidel.

DETERMINATION

[8]       Having considered the evidence and the Claimant’s testimony in its entirety, the Panel concludes that the Claimant has established a serious possibility of persecution, based upon his imputed religious opinion.

[9]       For the reasons that follow, the Panel finds that the Claimant is a “Convention refugee” under Section 96 of the IRPA, and accepts his claim.

ANALYSIS

Identity

[10]     The Claimant’ s personal and national identity as a citizen of Pakistan is established, on a balance of probabilities, by way of a certified true copy of his Pakistani passport, including the United States Visa that the Claimant used to travel to the United States³.

Credibility

[11]     The Panel finds the Claimant to be a credible witness and believes, on a balance of probabilities, the key allegations of his claim. The Claimant testified in a straightforward, spontaneous, detailed, and sincere manner. The Panel did not find that the Claimant embellished his story or tried to exaggerate the allegations during his testimony.

[12]     The Panel also noted that there were no significant contradictions, inconsistencies, or omissions between the Claimant’s Basis of Claim BOC, his testimony at the hearing or the documentary evidence submitted. The testimony of the Claimant also included additional details which were not in the BOC and added to the credibility of the story.

[13]     The Claimant spoke and wrote in detail about his views of Islam. He is more open-minded, liberal and egalitarian given the years he has spent in a more moderate society, in the UAE. He described the various threats against him which began with demands, then led to telephone calls, visits by the police and ultimately culminated in the issuance and distribution of a fatwa.

[14]     The Panel believes, on a balance of probabilities, that the Claimant is targeted and continues to be targeted by the Mullah, [XXX], members of the Taliban and the police (collectively, the Agents of Persecution). Given that there was an announcement at the local mosque declaring that a fatwa was issued against the Claimant by the Taliban, the Claimant contends that he can become a target of any extremist who believes it is their duty to kill him in the name of religion.

[15]     In furtherance of the foregoing, the Claimant also disclosed a number of supporting documents, including a letter from the Taliban⁴, the Fatwa⁵, a letter from his Pakistani lawyer⁶, an affidavit from his father⁷ and his wife⁸, and a recent letter of public gathering with the Mullah and XXXX as guest speakers⁹, all of which are uncontradicted and which corroborate the Claimant’s testimony.

Objective Evidence

[16]     The objective documentary evidence provides that blasphemy and other offences relating to religion are criminalized in Pakistan under Articles 295 and 298 of the Pakistan Penal Code. Punishment for blasphemy is death¹⁰. “The introduction of the blasphemy laws in the [Pakistani] Penal Code has reportedly fostered an atmosphere of religious intolerance (…). The blasphemy laws have also come under strong criticism for fuelling extremist violence and targeted attacks against individuals from religious minority groups¹¹.” “In 2017, the independent Human Rights Commission of Pakistan (HRCP) reported an increase in blasphemy-related violence, use of religious rhetoric, incitement of hatred and discrimination against minority groups. The HRCP noted the government failed to repeal discriminatory laws. Local and international observers report increasing misuse of blasphemy laws, and a widening of actions considered chargeable blasphemy offences¹².”

[17]     While Pakistani’s blasphemy laws purport to protect religious sentiments, sources have expressed concerns over the use of the laws by individuals apparently for other motives. These motives might include, and consistent with the case at hand, personal or religious disputes. The effect of these laws violates the rights to life, freedom of thought, conscience and religion or belief, and freedom of opinion and expression¹³.

[18]     Further, the law has been described as vaguely formulated, and enforced by the police, prosecutors, and judiciary in proceedings that often violate the right to a fair trial, including the fundamental principle of presumption of innocence where prosecution proceed on the basis of unfounded accusations by complainants. Death sentences have been imposed, in violation of international law, on people convicted of blasphemy¹⁴.

[19]     Religious clerics, such as the Mullah in the foregoing case, hold significant power in the registration of blasphemy cases. Their opinions are frequently sought by complainants, and often also by the police as part of their investigation. Faced with pressure from religious clerics and their supporters, the police may forward a case to the prosecutor on the basis of insubstantial evidence. Police rely on fatwas from local clerics to determine whether the allegations amount to blasphemy, even though they have no legal evidentiary value¹⁵.

[20]     The laws have created an environment in which some people, including complainants and their supporters in blasphemy cases, believe themselves entitled to take the law into their own hands, while the police stand aside. The laws have been used as a cover for perpetrators of mob violence¹⁶.  There is a lack of a consistent, robust and timely response by the authorities to situations of such violence. The lack of response, and the failure to prosecute rigorously and promptly those responsible, leads to a climate of impunity for perpetrators of further such attacks¹⁷.

[21]     Given the foregoing, together with the numerous articles on blasphemy provided by counsel¹⁸, the Panel finds that the Claimant’s allegations are consistent with the objective evidence and therefore the Panel concludes that his subjective fear is objectively well founded. In addition to the articles on blasphemy, counsel also submitted numerous articles regarding the continued pervasiveness of the Taliban in Pakistan¹⁹.

[22]     The Panel concludes that the Claimant has met his burden of proof and has demonstrated that he would face a serious possibility of persecution based on a Convention ground if he returns to Pakistan.

State Protection

[23]     The Claimant fears religious fundamentalists/extremists, in particular the Taliban, the Mullah and [XXX]. The Panel notes that the documentary evidence provides that there is a general lack of rule of law in Pakistan²⁰, including a lack of due process, poor implementation and enforcement of laws and frequent mob violence and vigilante justice with limited accountability²¹.

[24]     The power wielded by the religious clerics, combined with the high level of corruption within the police force and the lack of political will in Pakistan to address said corruption leads the Panel to conclude that adequate state protection would not reasonably be likely to be forthcoming to the Claimant, should he return to Pakistan. Therefore, the Panel finds that the Claimant has rebutted the presumption of adequate state protection.

Internal Flight Alternative (IFA)

[25]     The Panel finds that the Claimant has a credible fear of being persecuted by Muslim extremists, including the Taliban, throughout Pakistan and that, therefore, there is no possibility of a viable internal refuge anywhere in that country. The Panel is guided by the documentary evidence which provides that if the agents of persecution are armed militant groups, they may not be safe anywhere due to their wide geographical reach²². The Taliban is a major terrorist group in Pakistan focused on conducting terrorist attacks against the military and civilians in Pakistan²³. Growing religious extremism in Pakistan threatens its security and stability, as well as freedom of expressing and other fundamental human rights²⁴. Besides the militant groups’ ability to find the Claimant, there are examples in the documentary evidence where vigilante justice was perpetrated against people accused of blasphemy by religious clerics.

[26]     Given the totality of the foregoing, the Panel finds that the Claimant has a credible fear of being persecuted throughout Pakistan and that, therefore, there is no possibility of a viable IFA anywhere in that country.

CONCLUSION

[27]     Having considered the evidence, including the relevant documentary evidence and the Claimant’s testimony, the Panel determines that the Claimant would face a serious possibility of persecution should he return to Pakistan based on his imputed religious opinion.

[28]     The Panel, therefore, finds that the Claimant is a “Convention refugee” pursuant to section 96 of the IRPA.

[29]     The Panel, therefore, accepts his claim.

(signed)           Samantha Bretholz

December 7, 2020

¹ Immigration and Refugee Protection Act, S.C. 2001, c, 27, as amended.
² Document 2-Basis of Claim Form (BOC). Document 4-Exhibit C-1: Update to the BOC of [XXX].
³ Document 1-Package of Information from  the referring Canada Border Services Agency (CBSA)/Immigration, Refugees and Citizenship Canada (IRCC): Passport.
⁴ Document 4-Exhibit C-3: TTP Letter.
⁵ Document 4-Exhibit C-4: TTP Fatwa.
⁶ Document 4-Exhibit C-6: Lawyer Letter.
⁷ Document 4-Exhibit C-7: Affidavit from [XXX].
⁸ Document 4-Exhibit C-8: Affidavit from [XXX].
⁹ Document 4-Exhibit C-5: Notice Public Gathering.
¹⁰ Document 3-National Documentation Package, Pakistan, 31 March 2020, tab 1.13: DFAT Country Information Report: Pakistan, Australia, Department of Foreign Affairs and Trade, 20 February 2019.
¹¹ Document 3-National Documentation Package, Pakistan, 31 March 2020, tab 1.8: UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Members of Religious Minorities from Pakistan, United Nations High Commissioner for Refugees, January 2017, HCR/EG/PAK/17/01.
¹² Document 3-National Documentation Package, Pakistan, 31 March 2020, tab 1.13: DFAT Country Information Report: Pakistan, Australia, Department of Foreign Affairs and Trade, 20 February 2019.
¹³ Document 3-National Documentation Package, Pakistan, 31 March 2020, tab 12.31: “As Good as Dead“: The Impact of the Blasphemy Laws in Pakistan, Amnesty International, 21 December 2016, ASA 33/5136/2016.
¹⁴ Ibid.
¹⁵ Supra, note 14.
¹⁶ Supra, note 14.
¹⁷ Supra, note 14.
¹⁸ Document 4-Exhibit C-11: Documents regarding Blaphesmy.
¹⁹ Document 4-Exhibit C-10: Documentary Evidence Taliban.
²⁰ Document 3-National Documentation Package, Pakistan, 31 March 2020, tab 2.1: Pakistan. Country Reports on Human Rights Practices for 2019, United States, Department of State, 11 March 2020.
²¹ Ibid.
²² Document 3-National Documentation Package, Pakistan, 31 March 2020, tab 1.17: Country Policy and Information Note. Pakistan: Christians and Christian converts. Version 3.0, United Kingdom, Home Office, September 2018.
²³ Document 3-National Documentation Package, Pakistan, 31 March 2020, tab 1.6: Pakistan: Country Report, Asylum Research Centre, 18 June 2018.²⁴ Document 3-National Documentation Package, Pakistan, 31 March 2020, tab 12.4: Pakistan. United States Commission on International Religious Freedom 2019 Annual Report, United States, Commission on International Religious Freedom, April 2019.

Citation: 2019 RLLR 24
Tribunal: Refugee Protection Division
Date of Decision: June 26, 2019
Panel: Keith Brennenstuhl
Counsel for the Claimant(s): Kristina Cooke
Country: Pakistan
RPD Number: TB8-27592
ATIP Number: A-2021-01124
ATIP Pages: 000151-000155

REASONS FOR DECISION

On June 26, 2019, the Refugee Protection Division (RPD) heard the claim of [XXX] who claims refugee protection under sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA). On that same day, the panel rendered its oral positive decision and Reasons for decision. This is the written version of the oral decision and Reasons that have been edited for clarity, spelling, grammar and syntax with added references to the documentary evidence and relevant case law where appropriate.

INTRODUCTION

[1]       These are the reasons for the decision in the claim of [XXX], who claims to be a citizen of Pakistan, and is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.

ALLEGATIONS

[2]       The allegations are fully set out in the claimant’s Basis of Claim form. The claimant identifies her religion as the Shia sect of Islam. Her problems arose during her teaching of her grade 10 students, when she spoke out against terrorist acts that had happened the day before when a girls’ school was destroyed in a nearby province. She expressed her view that the real culprits were Madrasahs and that they were incubators for terrorism. She talked about terrorist organizations including the Lashkar-e-Jhangvi (LeJ) saying that people who gave them refuge were equally culpable for their terrorist acts.

[3]       Accused of preaching religion and speaking out against Sunnis, the principal terminated the claimant’s employment the next day. Rumours spread that she had been terminated because of her involvement in “immoral activities”.

[4]       Three days later, while waiting at a bus stop, two men on a motorbike drove by and fired two gunshots around her. She registered a First Information Report (FIR) at the police station. On the same night, she received a call on her cell phone from a man claiming to be a member of LeJ, saying the attack earlier that day had been a warning from them and that they would not tolerate a Shia pervert who was involved in spreading hatred in school against Sunni Islam.

[5]       She relocated to [XXX] and changed her cell phone number. A week later, she learned from her former neighbour that two men knocked at her door and had inquired about the claimant, indicating that the claimant was on their hit list. She contacted the police to update them on the situation but they had nothing to update her with or help to offer.

[6]       The claimant raised funds for an airline ticket and visa and fled Pakistan to the USA. Shortly thereafter she made her way to Canada where she made her refugee claim.

[7]       The claimant is afraid of returning to Pakistan because she has been targeted by the LeJ for spreading, what is perceived to be, anti-Sunni sentiments.

DETERMINATION

[8]       I find that the claimant is a Convention refugee as she has established a serious possibility of persecution should she return to Pakistan based on the grounds in section 96.

ANALYSIS

Identity

[9]       I find that the claimant’s identity as a national of Pakistan is established by the documents provided, including a certified true copy of her Pakistan passport.

Nexus

[10]     I find that the claimant has established a nexus to section 96 by reason of religion.

Credibility

[11]     The claimant’s evidence is, on the balance, internally consistent, inherently plausible, and consistent with the documentary evidence on country conditions in Pakistan. Furthermore, the allegations are corroborated by personal documents that I do not have sufficient reason to discount, including corroboration of the claimant’s identity as a Shia, and as a teacher, and that she was terminated from her teaching position on the false allegation of spreading hatred against Sunni Islam. The FIR supports her allegation that you were fired upon by two unidentified persons on a motorbike. I, therefore, find this evidence to be credible and that the allegations are probably true.

Objective basis of future risk

[12]     Based on the credibility of her allegations, and the documentary evidence set out below, I find that the claimant has established a future risk that she will be subjected to threats, violence and even death at the hands of Sunni militant groups if she were to return to Pakistan.

[13]     Country condition documents indicate that Shia Muslims face increasing threats in Pakistan. They are being systematically targeted and shot dead by Sunni militants who do not consider them as Muslims. There is a general lack of effective state protection for those Shia Muslims who are targeted by Sunni militant groups. The Pakistani government’s response to violent attacks against Shia is characterised as grossly inadequate; it is described as lacking political will to address violence against Shia. Militants targeting Shia Muslim act with “impunity” (National Documentation Package (NDP) for Pakistan (January 31, 2019), Item 12.5). Shi’ites, according to the UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Members of Religious Minorities from Pakistan (Item 1.8) face a growing threat of sectarian attacks with attacks primarily targeting ordinary individuals. I should add that the claimant would have a heightened vulnerability in that she is a female educator as well. Anti­Shi’ites speech reportedly permeates all sectors of society, and extremist groups are reported to have publicly called for the killing of Shi’ite individuals and have used methods to instill fear and force them to flee. According to a document entitled Everything has shattered- rising levels of violence against Shi’a in Pakistan (Item 12.23), the Pakistani government completely fails to protect its Shia population and has not been able to successfully counter allegations that it is protecting militants.

Nature of the harm

[14]     The harm that the claimant would face if she were to return to Pakistan clearly amounts to persecution.

State protection

[15]     The objective evidence confirms that state protection, as it relates to sectarian violence against Shia, is ineffective as already canvassed earlier. I am satisfied, therefore, that the claimant will not be able to avail herself of adequate state protection in the face of persecutory acts from non-state actors if she must return to Pakistan.

Internal flight alternative (IFA)

[16]     I have considered whether a viable internal flight alternative exists for the claimant. According to the UNHCR Eligibility Guidelines, given the wide geographic reach of some armed militant groups, a viable IFA will generally not be available to individuals at risk of being targeted by such groups.

[17]     I am satisfied, given the claimant’s profile as a Shia’ female educator, she will face a serious possibility of persecution based on her profile and in particular her religious profile anywhere in Pakistan. Attacks by extremists targeting Shia in Pakistan is widespread (Item 12.23) and police often fail to protect religious minorities, including Shia, from attacks.

CONCLUSION

[18]     Based on the forgoing analysis, I conclude that you are a Convention refugee. Accordingly, I accept your claim.

Citation: 2019 RLLR 18
Tribunal: Refugee Protection Division
Date of Decision: March 11, 2019
Panel: J. Bousfield
Counsel for the Claimant(s): Lisa Rosenblatt
Country: Pakistan
RPD Number: TB8-18500
Associated RPD Number(s): TB8-18564, TB8-18565, TB8-18566, TB8-18567
ATIP Number: A-2021-01124
ATIP Pages: 000128-000131

DECISION

[1]       MEMBER: This is the decision in the claims of [XXX], [XXX], [XXX], [XXX], and [XXX].

[2]       They claims to be citizens of Pakistan from Sialkot, and are claiming refugee protection pursuant to Section 96 and 97 (1) of the Immigration and Refugee Protection Act.

[3]       COUNSEL: I am sorry. Can I interrupt for just one moment? [XXX], I know you have a little bit of difficulty expressing yourself, but your English is quite good in terms of understanding.

[4]       CLAIMANT: Sometime.

[5]       COUNSEL: Do you need the Interpreter to translate the decision, or…

[6]       CLAIMANT: No. Yes. It is okay.

[7]       INTERPRETER: It is okay?

[8]       CLAIMANT: Yes.

[9]       INTERPRETER: So, I do not have to translate.

[10]     CLAIMANT: No.

[11]     COUNSEL: Yes. I do not think she needs the Interpreter to translate.

[12]     MEMBER: Okay.

[13]     COUNSEL: She is quite, quite, good at understanding English.

[14]     MEMBER: The principal Claimant was designated representative for the minor Claimants.

[15]     The Minister intervened in this case on credibility grounds, but withdrew the intervention shortly before the hearing. Minister’s Counsel did not appear at the hearing.

[16]     I am satisfied that the Claimants are citizens of Pakistan, and as to their personal identity based on their passports which can be found in Exhibit 1.

[17]     The details of the allegations appear in the answers to the principal Claimant’s basis of claim form, which is Exhibit 2.1, and were elaborated upon by her in oral testimony during the hearing this afternoon.

[18]     The central allegations of a much longer narrative are the following.

[19]     The Claimants are practicing members of the Ahmadi faith. They have suffered a history of persecution in Pakistan because of their faith, including severe restrictions on their freedom of worship, ostracism, vandalism, assault, verbal abuse, threats, and harassment. Their Ahmadi relatives have also been persecuted.

[20]     They therefore came to Canada on temporary resident visas in mid June 2018, and initiated these in-land refugee protection claims shortly after their arrival. They are afraid of further religious persecution if they return to Pakistan, and that they will not be able to freely practice their religion.

[21]     For the following reasons I find that the Claimants are Convention refugees.

[22]     The affirmed testimony of refugee claimants is presumed to be true, unless it is internally inconsistent, inherently implausible, or contradicted by country documents. In this regard, I am relying on the Federal Court of Appeal decision in Maldonado. There was no such fault with the principal Claimant’s testimony in the hearing this afternoon.

[23]     Furthermore, the Claimants Ahmadi religion and the rest of the allegations in the case are confirmed by a substantial number of personal documents that I do not have sufficient reason to discount, including their passports indicating that they are Ahmadis, a travel permission from the minor Claimants’ father, a reliable Ahmadi certificate, Ahmadi identity cards, Ahmadi donation receipts, other Ahmadi documents, claim specific news reports, and a letter from the [XXX]. These documents can be found in Exhibits 1, 7, and 9.

[24]     Furthermore, the principal Claimant displayed reasonable knowledge of the Ahmadi faith in response to the religious knowledge questions I asked her during the hearing. I therefore find that the principal Claimant is a credible witness, that the Claimants are practicing members of the Ahmadi faith, and all of the rest of the allegations in this case are also true on a balance of probabilities.

[25]     Based on the credible allegations and the documentary evidence on country conditions before me, which can be found in Sections 1, 2, and 12 of Exhibit 3, which is the National Documentation Package for Pakistan for January 31, 2019, as well as in Claimant Exhibits 7 and 9, I am following Jurisprudential Guide TB7-01837 which holds that practicing members of the Ahmadi faith, like the Claimants, have a well-founded fear of persecution in Pakistan by reason of their Ahmadi religion, that adequate State protection is not available to them, and that they do not have viable internal flight alternatives.

[26]     I therefore conclude that the Claimants are Convention refugees. The claims are therefore accepted. Thank you for coming.

[27]     COUNSEL: Thank you very much.

[28]     CLAIMANT: Thank you.

[29]     MEMBER: Good afternoon.

[30]     INTERPRETER: Thank you, Mr. Member.

[31]     COUNSEL: So, I will give you your documents back, the originals. If you want to take the kids out to the reception area, I will meet you.

———- REASONS CONCLUDED ———-

Citation: 2019 RLLR 13
Tribunal: Refugee Protection Division
Date of Decision: July 9, 2019
Panel: M. Vega
Counsel for the claimant(s): Ian Wong
Country: Pakistan
RPD Number: TB8-13766
ATIP Number: A-2020-01124
ATIP Pages: 000099-0000103

[1]       MEMBER: This is the oral decision in the case with respect to [XXX], file number TB8-13766. I have considered your testimony, Mr. [XXX], and I’m now ready to render a decision in this case. Okay.

[2]       You have made a claim to be a citizen of Pakistan and you are claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act. I find that you are a convention refugee for the following reasons:

[3]       Your allegations are found in your basis of claim form in summary and I won’t repeat them all. Basically, you were born into a Sunni family and you, yourself, partly because of your career as a [XXX], you became — and also because you were brought up to believe that — by your father that other — that religions were to be treated well, all of them, you become exposed to the Shia faith or the Shia sect of Islam and became friends with someone who was involved in the Shia faith and whose uncle was a guardian of one of the prominent imambargahs in Lahore.

[4]       And through this friendship you started answering questions, you started believing that this was the right path and that it was the right path for you. And you then converted in — first major interest known in 2016 and in 2017 you formally converted at the imambargah where this friend had taken you to.

[5]       And when this became known to your family, and this became known as a result of a beating that you received by extremist persons who had become aware of your being a convert to the Shia sect, and they beat you up.

[6]       And this was one of several encounters that you subsequently had with extremists associated to either the Sipah-e-Sahaba or the Lashkar-e-Jhangvi — and I’ll refer to the Lashkar-e-Jhangvi from now on as the LEJ and the Sipah-e-Sahaba as the SSP. Okay?

[7]       So basically, your family members became aware of your conversion. They were very angry with you. All the family was angry, as were your friends who were also Sunnis, including your employer who was not happy about it either.

[8]       It would appear that the only — but despite their anger, you still were able to find some assistance from these family members — from some, with the exception of your eldest brother who is very involved in politics as he’s — give me a second.

[9]       Your brother has continued to be involved and to contest elections as recently as 2018. In your basis of claim form, you had indicated that this brother, Shabazz (Ph), in 2015 he became a member — sorry. No, not that.

[10]     Your brother became the [XXX] of the [XXX]. He was very close to the Chief Minister of the Punjab. And he has continued to be in the [XXX] until, as I’ve already said, even recently in 2018.

[11]     Your brother was very upset about your having become a convert to the Shia Sect. He also has influence and power because of his political position. He became very also concerned that not only was your family at risk, as your brother was targeted and was beaten up when they couldn’t find you, and your mother — there was a threatening letter sent to you at your mother’s house, but he was also very concerned about his own political career and that this would affect the family’s honour and that it would also have repercussions on his career.

[12]     He asked — told your mother to disinherit you and she proceeded to do that in XXXX 2018, to fill out a disinheritance certificate and file it. And he also went as far as to tell the police, with whom he had friendships, to stop helping you.

[13]     Because at first the police were taking your information down. They even took a first information report, but then subsequently the police just took information but they did nothing with it and they stopped even doing anything that might assist you.

[14]     And so, you decided you couldn’t stay there and you came to Canada to live in the end of XXXX 2018. Okay?

[15]     So when you became known to be a Shia convert, that’s when your problems started for you. You were not — the fact that you were a Shia was problematic for you, but it was more so because you had converted from the Sunni faith.

[16]     So the nexus to the convention ground is that of your religion, because as a Shia — as Shias -­ the documentary material provides a lot of information with respect to how they are treated by the Sunni majority population and how their extremist groups, as you’ve encountered, that deal with them — with people that — with minority religions, but they deal very badly with minority religions, but they deal also very badly with any person who’s a convert from the Sunni Sect. In some ways, some would say they deal worse with the converts.

[17]     I’ll get to the documents in just a moment. I want to speak about your credibility. Your credibility, I found you to be — I found you to overall to have — to be a credible witness. Your documents corroborated much of what you say in your basis of claim form.

[18]     I did not find problems or discrepancies between what you said in your basis of claim form, in your documents, with what you said today orally. The only — we seemed to encounter problems towards the end, that you were having some problems or understanding.

[19]     Now I have to say, in cases where a person speaks English or understands enough English, I’ve had this happen. So it’s not an interpretation problem.  It’s a problem where the person understands enough to listen to the question and before the interpreter can even translate it, the person is already coming up with the answer. And then I find that the answer I get is confusing.

[20]     So because I find that it’s happened in many cases where they have that similarity to your case, I don’t find that you’re trying to trick me or to try — that you’re trying to make things up.

[21]     So I do believe that your allegations, your evidence, overwhelmingly indicates that you are a Shia convert. You have letters from the imambargah here in Canada. You have letters from the imambargah back in Pakistan, you have receipts, donation receipts.

[22]     When you spoke about issues to do with your family and to do with your faith, there was this sincerity in the way you said it and I find that I can accept your allegations as credible. Okay?

[23]     So the documentary material, we have a lot of information, both from your counsel’s packages as well as from the National Documentation Package. And what it says about the religious minorities in Pakistan is not very good for the religious minorities.

[24]     It states that the Shia population is about 25 percent of the Pakistani populations and that hey have suffered and often are the targets of violent attacks by Sunni fundamentalist groups throughout the country.

[25]     The LEJ is a banned extremist group that was connected and linked to the earlier group, the Sipah-e-Sahaba, which was also banned. These groups have caused problems in Pakistan, continue to do so, as well as to the Shia Sect of Muslims, as well as to other minority religions.

[26]     There’s a document in the package at item 1.8, from the United Nations High Commissioner for Refugees. It is called the UNHCR Eligibility Guidelines for assessing the international protection needs of members of religious minorities from Pakistan.

[27]     This document speaks of the type of violence that these fundamentalist groups carry out. And it speaks about the targeting of Shia Muslims as well as of other religious minority groups.

[28]     This document also speaks in the summary about how if a person has come to the attention of these militant groups, these groups have quite the network, and then these people who come to the attention of these terrorists, these people are not safe throughout the country because of the network that these militants have.

[29]     The documentary material also speaks about how Sunnis clerics make the situation worse by preaching over loud speakers hatred, prejudice and violence against Shias as well others.

[30]     There’s another document which is found at item 12.5. It’s a response to information request and it states there that according to human rights watch, the LEJ reportedly has had links to the Pakistani military and intelligence services in Pakistan and that they act, these groups that is – act with impunity in area where state authority is well established, such as in the Punjab Province.

[31]     It also states in other sources, in the same document, that the government efforts to address the violence against Shia Muslims has been insufficient. And this is according to the JINNAH, J-I-N­-N-A-H, Institute.

[32]     And another document at item 1.6, written by the Asylum Research Center, it’s also by the United Nation’s High Commissioner for Refugees — or rather the UNHCR commissioned this document and they called it, “The Pakistan Country Report September 2016”.

[33]     And it speaks in that document with regards to Sunni militants and other militant religious groups and how these groups target religious minorities, especially Shiites, Ahmadis, Sufis and Christians. And how the LEJ was also responsible for much of the violence.

[34]     Information from the Jamestown Foundation in the documentary material indicates that there’s nowhere in Pakistan that you would be safe without facing serious grounds for persecution on the basis of your religion.

[35]     And also, in my opinion, I want to say that given the fact that the choice in your career is that of a journalist, the documentary material also speaks about journalists. Because of the high-profile nature of their work and also because then your name becomes known, journalists are — as well as because they often write about sensitive issues and human rights issues, they are also in a position of risk back in Pakistan.

[36]     In your case, I found that because you have written under your own name — you’ve written under reporter — a reporter, but you’ve also written under your own name as part of your credentials and part of your inventory of writing, I find that for you to try to relocate throughout the country, as you have tried to do, would be difficult for you.

[37]     In your particular case, it’s not just that these organizations know you and could try to find you, but any assistance that was — that you tried to obtain on your own seems to have been sabotaged by your brother who is in a position of power and influence and he’s used that power and influence rather than to help you, he’s — and he even said that the reason the police had paid attention to you was because of him, but then when you asked him to stop helping you that makes it puts you in a worse situation and I believe that you would face a risk of persecution because of your brother’s influence.

[38]     Therefore I find that in your case there is not adequate protection for you provided by the government, in your particular situation, Mr. XXX, and therefore I find that you face a serious possibility of persecution in Pakistan by reason of your religion as a Shia Muslim anywhere in the country where you may go, because you have converted and I also — and as I’ve said there’s no state protection available to you and no internal flight alternative available either. I therefore find you to be a convention refugee and I accept your claim.

[39]     Do you understand, Mr. XXXX?

[40]     CLAIMANT: Thank you.

[41]     MEMBER: You’re very welcome. This hearing is —

– – – HEARING ADJOURNED – – –