Citation: 2019 RLLR 180
Tribunal: Refugee Protection Division
Date of Decision: March 29, 2019
Panel: Harvey Savage
Counsel for the Claimant(s): Raphael Vagliano
Country: Egypt
RPD Number: TB8-25609
Associated RPD Number(s): N/A
ATIP Number: A-2020-00518
ATIP Pages: 000705-000708
REASONS FOR DECISION
INTRODUCTION
[1] These are the reasons for the decision in the claim of XXXX XXXX XXXX XXXX XXXX, who claims to be a citizen of Egypt, and is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[2] In rendering my reasons, I have considered and applied the Chairperson’s Guidelines on Women Refugee Claimants Fearing Gender-Related Persecution.
ALLEGATIONS
[3] You allege the following: You allege that your husband belongs to a tribe in Egypt that conducts Female Genital Mutilation (FGM) on female children and female adults. Your husband’s family has notified you that they wish to perform FGM on yourself and on your children when they reach four years of age. Your husband has told you that his family and tribe is very strong and that he is unable to prevent them from carrying this out. You also fear that as a politically liberal woman who has criticized the government in social media, you would face serious harm upon returning to Egypt. Just before you fled Egypt you insulted a military person seeking your husband and considered yourself fortunate that your name was not on a watch list as you exited the country.
DETERMINATION
[4] I find that you are a Convention refugee as you have established a serious possibility of persecution should you return to Egypt based on the grounds in section 96.
ANALYSIS
Identity
[5] I find that your identity as a national of Egypt is established by the documents provided: Passport.
Credibility
[6] Based on the documents in the file, I have noted no serious credibility issues. In particular, the evidence establishes the allegations as set out above. Your husband’s letter that he is unable to oppose the strong pressure of his family and tribe to perform FGM on yourself and your daughters, and the letter from your wife’s sister, from the same tribe, who underwent FGM. After reviewing the documents, I have no reasons to doubt their authenticity.
[7] Based on the credibility of your allegations, and the documentary evidence set out below, I find that you have established a future risk that you will be subjected to the following harm: FGM complicated by your political history of dissent.
[8] The fact that you face this risk is corroborated by the following documents: National Documentation Package for Egypt—June 29, 2018, items 2.1, 4.3, 5.7, 5.6 and 5.7.
Risk of harm
[9] This harm clearly amounts persecution.
State protection
[l0] I find that adequate state protection would not be reasonably forthcoming in this particular case. The documentary evidence above cited demonstrates that police protection against FGM is often inadequate and inconsistent.
Internal flight alternative
[11] I have considered whether a viable internal flight alternative exists for you. I find that there are no other parts of the country, where you would not face a risk to your life or a risk of cruel and unusual treatment or punishment. I considered that your husband’s tribe is strong and influential, that he is unable to prevent them from conducting this FGM ritual on you, and further that as a person who has demonstrated open dissent to the government, that there is no safe internal flight alternative for you in Egypt.
[12] On the evidence before me, I find that it is not objectively reasonable, in all the circumstances, including those particular to you, for you to seek refuge in Egypt for the same reasons listed above.
CONCLUSION
[13] Based on the analysis above, I conclude that you are a Convention refugee. Accordingly, I accept your claim.
(signed) HARVEY SAVAGE
March 29, 2019