Citation: 2019 RLLR 111
Tribunal: Refugee Protection Division
Date of Decision: December 6, 2019
Panel: T. Cortes Diaz
Counsel for the Claimant(s): Daniel Tilahun Kebede
Country: Ethiopia
RPD Number: TB9-12020
ATIP Number: A-2020-01459
ATIP Pages: 000193-000196
DECISION
[1] MEMBER: So, I have considered your testimony and the other evidence in the case and I am ready to render my oral decision.
[2] I would like to add that when written decisions are issued, a written form of these reasons may be edited for spellings, syntax, and grammar and references to the applicable case law and documentary evidence may also be included.
[3] So, the principal claimant [XXX] claims to be citizen of Ethiopia and is claiming refugee protection pursuant to Sections 96 and 97 of the Immigration and Refugee Protection Act.
[4] I find that you are a Convention refugee pursuant to Section 96 of the IRPA.
[5] The claimant fears for her safety at the hands of Ethiopian authorities due to her perceived anti government profile and her profile as an Oromo.
[6] She is perceived by the State to hold anti-State political views and view as a supporter of member of the OLF, Oromo Liberation Front. The details of your claims are documented in your Basis of Claim Form and were elaborated by you orally during the hearing.
IDENTITY:
[7] Your personal and national identity as a national of Ethiopia has been established on a balance of probabilities through the passport on File at Exhibit 1 in your oral testimony.
CREDIBILITY:
[8] With regard to credibility, I have found you to be a credible witness even though you were very general in the way that you answered the questions.
[9] I found no relevant inconsistencies in your testimony or contradictions between your testimony and the other evidence before me. Given that I have found you to be a credible witness, I also accept what you have alleged in support of your claim including the following.
[10] You work in Ethiopia in the [XXX] and you were subjected to discriminatory attitudes because of your ethnicity, reluctance to join the government party and for being a woman.
[11] You were perceived as a supporter or member of the OLF, this is in part due to your friendship and closeness with Mr. [XXX] (ph), your reluctance join the EPRDF and your Oromo ethnicity.
[12] Mr. [XXX] (ph) was incarcerated for his political beliefs and you visited him three times in the month of August in 2018.
[13] Soon after you were detained, interrogated and beaten during these three interviews with the police where they accused you of having anti-government views. You were released with conditions to report to the police every week.
[14] You also presented documents in support of your claim, I wont go through everything but includes the supporting letter your sister wrote, the letter from [XXX] (ph) and your [XXX] that attests your profession in [XXX], the harassment you experienced in Ethiopia and your incarceration.
[15] Given your general credibility, I have no reasons to doubt the authenticity of the documentary evidence.
OBJECTIVE BASIS:
[16] The overall objective evidence supports the claim. Items 1.5 and 2.1 among other indicate that in the past Ethiopian authorities regularly arrested, detained, and harassed persons including journalists in particular and their family members for criticising the government or for being supporters or perceived supporters of opposition groups.
[17] In April 2018, there was a significant change in the political landscape of Ethiopia when Abiy Ahmed Ali became Prime Minister. Item 2.1 indicates that Abiy’s assumption of office was followed by positive changes in the human rights climate.
[18] The government decriminalize political movements that had been accused of treason in the past, invited opposition leaders to return to the country and resume political activities, allow peaceful rallies and demonstration, enable the formation of new political parties and media outlets, continued steps to release thousands of political prisoner and <inaudible> provisions or repressive law.
[19] However, objective evidence at Exhibit 4 indicated that despite these positive changes, there is not yet any fundamental and structural change in Ethiopian politics and the political atmosphere remains oppressive.
[20] For example, we have the report from Ethiopian Human Rights Council dated July 18th, 2019, which your counsel submitted, which talks about the Ethiopian Government arresting and killing all suspects of having participate in the failed coup attempt which happened in the same year, 182 Ethiopians were arrested and many were killed as suspected of supporting this effort.
STATE PROTECTION:
[21] With regard to State protection, given that the State is the agent of persecution, I find it will be objectively unreasonable for you to seek protection of the State in your circumstances.
[22] With regard to internal flight alternative, given that the State is an agent of persecution with control over the entire country, I find there is a serious possibility of persecution throughout Ethiopia and therefore a viable internal flight alternative does not exist.
[23] My conclusion is having considered all the evidence I find there is a serious possibility that you will face persecution in Ethiopia.
[24] I conclude that you are a Convention refugee and therefore I accept your claim. Welcome to Canada, thank you, counsel good work.
[25] COUNSEL: Thank you.
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