2019 RLLR 100

Citation: 2019 RLLR 100
Tribunal: Refugee Protection Division
Date of Decision: July 22, 2019
Panel: C. Ruthven
Counsel for the Claimant(s): Rodney L. Woolf
Country: Somalia
RPD Number: TB8-08276
ATIP Number: A-2020-01459
ATIP Pages: 000119-000129


REASONS FOR DECISION

[1]       These reasons and decision are in regards to the claim for protection made by [XXX], who is claiming protection pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection Act.1

ALLEGATIONS

[2]       The claimant’s full allegations are set out in his Basis of Claim Form and related narrative.2 The claimant is a member of the Sheikhal clan in Somalia, and he practices the Sunni Muslim faith, and follows the Sufi rites.

[3]       The claimant grew up in Mogadishu, where he resided until July 2007, when his family relocated to Jilib, Middle Juba. In Mogadishu, members of Al Shabaab (alternate name spellings include Al-Shabaab,3 al-Shabaab4, and Harakat Al-Shabaab Al-Mujaahidiin5) had forced the claimant’s parents to close their small Sufi shop. Their members also enforced Al Shabaab’s fundamentalist interpretations of Islam.

[4]       In Jilib, the claimant and his father joined the claimant’s paternal grandfather in raising forty cows and fifty goats. Al Shabaab took control of Jilib in 2008. Their members demanded quarterly taxation of the family’s herd animals. The claimant’s paternal grandfather died in 2015, but the claimant and his father continued to raise the animals for their meat and their milk production.

[5]       On January 21, 2018, four members of Al Shabaab approached the claimant’s parents, in an attempt to recruit the claimant. The claimant’s father was killed by one of the armed men, and the claimant’s mother was threatened with death, if the claimant did not agree to be recruited the following day.

[6]       The claimant and his mother immediately fled to a residence thirty minutes outside Jilib, and took shelter with [XXX], a friend of the claimant’s late father. [XXX] arranged for the burial of the claimant’s father, as well as the sale of the family’s livestock. The claimant and his mother relocated to Mogadishu, where the claimant arranged for a smuggler to take him to North America.

[7]       The smugger provided to the claimant a Finland passport, and she accompanied him to Canada on [XXX], 2018. The claimant made his claim for protection in April 2018.

DETERMINATION

[8]       The panel finds that the claimant is a Convention refugee, pursuant to section 96 of the Immigration and Refugee Protection Act, based on his imputed political opinion, namely his refusal to be recruited into the Al Shabaab armed group.

ANALYSIS

Identity

[9]       The claimant declared that his name was [XXX] and that his date of birth was [XXX], 1997, within his Basis of Claim Form responses, and within his responses to Generic Application Form for Canada, Schedule 12, and Schedule A.6 According to his Basis of Claim Form narrative and his responses to Generic Application Form for Canada, he was born in Mogadishu.

Testimony of the Witness

[10]     The claimant invited a witness to testify in support of his identity and his nationality. [XXX] testified that he knew the claimant, as the witness was a former Jilib shopkeeper. The witness further testified that they met in August 2007, and that the claimant visited his Jilib shop three or four times a month, until October 2015 (when the witness’ father was killed).

[11]     The panel finds that the witness testimony supported the narrative and the testimony of the claimant, in regards to his personal identity, as well as in regards to the claimant’s Jilib residence, between 2007 and October 2015.

Claimant’s Sheikhal Clan Identity

[12]     The witness testified that both he and the claimant were members of the Sheikhal Lobogi clan.

[13]     The claimant presented a November 10, 2018 notarized letter from maternal Uncle [XXX], as well as a November 12, 2018 notarized affidavit from his mother.7 Both [XXX] and [XXX] confirmed that the claimant was from the Sheikhal clan, and that he practiced the Sufi rites of Sunni Islam.

[14]     A deponent’s identity card or passport is normally required to sign an affidavit in Kenya.8 Regarding the November 12, 2018 notarized affidavit signed by [XXX], the panel notes that a verbal acknowledgment from [XXX], also without presented identification,9 was used by the notary public to verify the identity of [XXX]. No further evidence was adduced regarding the relationship between [XXX] and [XXX].

[15]     The panel assigned the testimony more probative value than the notarized letters, as neither the notarized letter (Somalia) nor the notarized affidavit (Kenya) was accompanied by the respective declarant’s identification, for verification purposes.

[16]     The panel acknowledges that the Sheikhal clan has alternate names in Somalia, including Sheikal, Shekhal Lobogi, Shekhal Gendershe, in addition to the alternate name of Shekhash, used in Ethiopia.10 The Sheikhal are the common name for lineages with an inherited religious status. Because of their religious status they usually have privileged access to all parts of Somalia.11

[17]     Both Ashraf and Sheikhal peoples have achieved political influence and success in education and commerce with Arab countries, yet they can still face discrimination and human rights abuses in Somalia, on account of their non-clan origins and lack of an armed militia.12

Midaynta Community Services

[18]     The presented November 21, 2018 letter signed by an administrator at Midaynta Community Services13 put forth the several indicators that the claimant was a member of the Sheikhal clan, and that he was a former resident of Somalia. An interview was completed with the claimant on November 21, 2018, in the standard Somali language. The claimant displayed accurate geographic knowledge and he was able to fluently speak in a dialect consistent with a resident of Somalia.

[19]     Although these types of interviews can never conclusively determine citizenship, the panel assigned the assessment probative value, in conjunction with the other oral and written evidence which was adduced, regarding the claimant’s identity.

[20]     Based on the claimant’s testimony and the totality of the written submissions,14 which were consistent with the objective evidence, the panel is satisfied that the claimant established that, on a balance of probabilities, he belongs to the Sheikhal clan.

Documents Confirming Identity and Citizenship in Somalia

[21]     The claimant testified that he has never been properly issued a passport in his lifetime, nor was he issued a driver’s licence before his arrival in Canada. The claimant further testified that he has never been issued a voter’s card or a national identification card (by any country).

[22]     The Government of Somalia ceased to exist in December 1990, and the country underwent a destructive and brutal civil war, in the course of which most records were destroyed. Those few records not destroyed are in the hands of private individuals, or are otherwise not retrievable. There are no circumstances under which a person born in Somalia can reasonably be expected to recover original documents held by the former government of Somalia. As such, most Somalis lack birth certificates.15

[23]     There is no official birth registration system in Somalia. Only hospitals are registering births.16 The claimant testified that he was born at a private residence in Mogadishu.

[24]     The panel finds that the documentary evidence from the National Documentation Package of Somalia indicates that the issuance and retention of official documents has been very challenging for all of the years that the claimant declared that he has been alive. As such, the panel finds the claimant’s testimony about a lack of documents issued to him by officials in Somalia to be reasonable.

Residential History, Academics, and Work History

[25]     The claimant indicated the he received three years of education within his response to Education/Occupation Detail Question 2 of the Generic Application Form For Canada.17 The claimant left the response to Question 7 of Schedule A blank, where it asked to enumerate any completed years of education.18

[26]     In addition to the above responses, the claimant indicated in his Basis of Claim Form narrative that he had no formal education, but that his father taught him how to read and write. He attended a dugsi for education in the Sufi rites of Sunni Islam.19

[27]     When the panel put the difference between the Schedule A response and the Generic Application Form For Canada response to the claimant at the hearing, he testified that the three years he was referencing in the Generic Application Form For Canada were the years that his father taught him, namely from 2003 to 2006. These were the same three years a dugsi teacher came to his home to teach him about Sufi rites.

[28]     The claimant testified that he was never issued a results certificate by his dugsi teacher, and that he never sat for an examination in Somalia. As such, no educational documents from Somalia were issued to him.

[29]     The panel finds the claimant’s explanation regarding the differences between his Schedule A response and his Generic Application Form For Canada response to be reasonable, and the panel finds the claimant’s testimony about his lack of educational documents to be reasonable, under the circumstances.

[30]     The claimant was self-employed as a herder on his family’s Jilib farm from February 2015 until January 2018, and he resided in Jilib during that same timeframe.20

[31]     The panel finds the claimant’s testimony regarding the regions where he lived in his lifetime were consistent with the presented written evidence. The panel also finds the claimant’s testimony regarding how his problems in Somalia developed to fluid and coherent. The panel therefore accepts this testimony as being credible.

Global Identity Assessment

[32]     Having assessed all of the evidence presented, the panel finds the claimant’s explanations to be reasonable under the circumstances, regarding the reasons why he was unable to produce sufficient credible documentation to corroborate his personal identity, in view of the circumstances which were present in Somalia since his declared birth.

[33]     The panel finds that, on a balance of probabilities, the claimant is who he claims to be, with regard to his name, his family situation, his place of birth, his nationality, and his Sheikhal clan membership.

[34]     Based on the above considerations, including the presented documents, as well as the claimant’s testimony, and the testimony of the witness, the panel finds that the claimant has established his identity as a national of Somalia, based on a balance of probabilities.

Credibility

[35]     The panel finds that the claimant testified at the hearing in a straightforward and consistent manner, without the use of embellishments, contradictions, or omissions from the details which were presented when he made his claim for protection. As such, the panel finds the claimant to be credible.

[36]     The panel finds that the country condition evidence supports the claimant’s testimony, the testimony of the witness, and the Basis of Claim Form narrative statements,21 regarding the underlying reasons for the claimant’s departure from Somalia on [XXX], 2018.22

[37]     Based on his testimony and the corroborating evidence presented,23 the panel finds that the claimant has a subjective fear of returning to Somalia.

Objective Basis of the Claim

[38]     The overall objective evidence supports the claim for Convention refugee protection for the claimant based on his imputed political opinion. The panel finds that the presented evidence from the claimant, including his narrative statements,24 his testimony, the testimony of the witness, and the presented corroborating documents,25 is consistent with the objective evidence from the National Documentation Package for Somalia.26

Al Shabaab

[39]     The claimant testified that he fears a return to Somalia because of the threat of forced recruitment at the hands of the Al Shabaab armed group. Members of Al Shabaab attempted to recruit the claimant on January 21, 2018. His father was fatally shot by the same men who attempted to recruit the claimant.

[40]     Al Shabaab aims to discredit and destabilize the Federal Government of Somalia and target any countries or entities that support Somalia’s fight against Al Shabaab.27 The group’s ideology is typically described as a brand of Salafism and Wahhabism that supports talifir, the excommunication of apostates or unbelievers.28

[41]     Over the past seven years, Al Shabaab’ s military capacity has been considerably reduced due to the efforts of the African Union Mission in Somalia and Somali government forces, as well as internal division within Al Shabaab. Despite this, the group still controls large sections of rural areas, where it appears to have regrouped, as well as supply routes between towns. Al Shabaab appear to be more capable of launching larger, more complex targeted attacks.29

[42]     Al Shabaab are estimated to consist of between five and nine thousand armed fighters, who are able to move across regions to engage in combat.30 Despite extensive security measures being implemented across Mogadishu, last year’s Independence Day attacks by Al Shabaab demonstrated continued operational capability for the group.31

[43]     Al Shabaab has an extensive network of sympathisers, informants, spies, and other collaborators throughout Somalia. The group is considered to be present everywhere in south and central Somalia, and they are assumed to have infiltrated Somali government institutions, the police force, and Somali National Army, according to a United Nations source. Al Shabaab also executed civilians suspected of having collaborated with its enemies.32

[44]     As a result of the referenced country condition documentation from the National Documentation Package, the panel finds that the claimant has established an objective basis for his claim, and that his fears are well-founded.

State Protection

[45]     Continuing problems of corruption, mismanagement, and financial constraints have compromised the effectiveness of the Somali National Army, according to the United Nations Monitoring Group on Somalia and Eritrea. The clan alliances of certain army and police units threaten their impartiality in dealing with local clans. Irregular pay of the police and army staff in Somalia has had a negative impact on the security situation, leading to desertion and some members of security forces joining Al Shabaab. There are also indications of infiltration of the security forces by Al Shabaab.33

[46]     In light of the referenced country condition evidence, the panel finds that it would be objectively unreasonable for the claimant in his particular set of circumstances to seek the protection of the authorities in Somalia.

[47]     Based on his personal profile and Sheikhal clan membership profile, the panel finds that the claimant has rebutted the presumption of state protection with clear and convincing evidence of the state’s inability to protect him, in his particular set of circumstances. The panel finds that on a balance of probabilities, adequate state protection would not be available to the claimant, should he return to Somalia, based on his membership in the Sheikhal clan.

Internal Flight Alternatives

[48]     The panel finds that it would be unreasonable to expect the claimant to seek refuge in another part of Somalia, based on the country condition evidence related to the clan structure, and lack of available protection in Somalia.

[49]     With regards to possible internal flight alternatives for the claimant in Somalia, given that the Somali National Army and the police authorities are ineffective throughout Somalia, and based on the risks of harm to the claimant from the death threats made against him by members of Al Shabaab, the panel finds that there is a serious possibility of persecution throughout Somalia for the claimant, and therefore a viable internal flight alternative does not exist for him.

CONCLUSION

[50]     The panel finds that there is a serious possibility that the claimant faces persecution in Somalia, pursuant to section 96 of the Immigration and Refugee Protection Act. The panel concludes that the claimant is a Convention refugee based on his imputed political opinion, namely his refusal to be recruited into the Al Shabaab armed group.

[51]     The panel therefore accepts the claim.

(signed)           C. Ruthven

July 23, 2019

1 Immigration and Refugee Protection Act, S.C. 2001, c. 27, as amended, sections 96 and 97(1).
2 Exhibit 2.
3 Exhibit 3, National Documentation Package (NDP) for Somalia (30 April 2019), item 1.4, item 1.7, item 1.8, item
1.10, item 1.11, item 1.12, item 1.13, item 1.14, item 1.16, item 1.19, and item 1.21, inter alia.
4 Exhibit 3, NDP for Somalia (30 April 2019), item 1.5, item 1.7, item 1.9, item 1.12, item 1.13, item 1.16, item 1.19, item 1.20, item 1.21, and item 2.1, inter alia.
5 Exhibit 3, NDP for Somalia (30 April 2019), item 1.7, item 1.8, and item 7.11.
6 Exhibit 1 and Exhibit 2.
7 Exhibit 5.
8 Exhibit 3, NDP for Somalia (30 April 2019), item 9.2, and Exhibit 6, NDP for Kenya (29 March 2019), item 9.2.
9 Exhibit 5.
10 Exhibit 3, NDP for Somalia (30 April 2019), item 13.1 and item 13.5.
11 Exhibit 3, NDP for Somalia (30 April 2019), item 1.7 and item 7.11.
12 Exhibit 3, NDP for Somalia (30 April 2019), item 13.1.
13 Exhibit 5.
14 Exhibit 5.
15 Exhibit 3, NDP for Somalia (30 April 2019), item 1.7.
16 Exhibit 3, NDP for Somalia (30 April 2019), item 3.8.
17 Exhibit 1.
18 Exhibit 1.
19 Exhibit 2.
20 Exhibit 1.
21 Exhibit 2.
22 Exhibit 1 and Exhibit 2.
23 Exhibit 4 and Exhibit 5.
24 Exhibit 2.
25 Exhibit 4 and Exhibit 5.
26 Exhibit 3, NDP for Somalia (30 April 2019).
27 Exhibit 3, NDP for Somalia (30 April 2019), item 1.5.
28 Exhibit 3, NDP for Somalia (30 April 2019), item 1.7.
29 Exhibit 3, NDP for Somalia (30 April 2019), item 1.19.
30 Exhibit 3, NDP for Somalia (30 April 2019), item 1.7.
31 Exhibit 3, NDP for Somalia (30 April 2019), item 1.4.
32 Exhibit 3, NDP for Somalia (30 April 2019), item 1.7.
33 Exhibit 3, NDP for Somalia (30 April 2019), item 1.8.