Citation: 2019 RLLR 189
Tribunal: Refugee Protection Division
Date of Decision: June 25, 2019
Panel: Y. Rozenszajn
Counsel for the Claimant(s): Hart A. Kaminker
Country: Egypt
RPD Number: TB9-04266
Associated RPD Number(s): N/A
ATIP Number: A-2020-00518
ATIP Pages: 000885-000889
DECISION
[1] MEMBER: So, I’ve considered the testimony and the other evidence in the case and counsel’s submissions and I’m ready to render my decision orally. The audio recording of the decision forms the … the legal basis for the decision. A transcription is also produced of these reasons but the transcription does not actually get reviewed for any type of spelling errors or grammar. So, if there’s any doubt as to what the transcript actually says reliance must be had or recourse must be had to the original audio recording which is … will be found on a CD-ROM and produced to the parties in due course.
[2] The claimant XXXX XXXX XXXX XXXX XXXX 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.
[3] By way of determination I find that the claimant is a Convention refugee for the following reasons. I find that he’s established a serious possibility of persecution based upon the Convention ground of religion or alternatively political opinion or even particular social group, and that is a atheist in Egypt.
[4] The claimant’s allegations are set out in Exhibit 2 and what he says is basically that over time he grew to dislike Islam. He just decided to not agree with a lot of tenets. He was exposed to other people who are Christians and … and they sort of opened his eyes to other possibilities and … and also as a … as a scientist and as an engineering student he became to understand more about science and how science is may be in conflict with Islam, and so he became more and more an atheist.
[5] He alleges that in the last two years of university between 2016 and 2018 he was debating … really just having discussions with colleagues who are Muslim in university about the … the meaning of Islam and atheism and all sorts of other political issues such as women’s rights and gay rights, and how Islam is just not really compliant with I guess the more understanding of what these human rights, how they should be … be respected.
[6] And he alleges that eventually he’s … he came to the attention of the Muslim Brotherhood who asked him to come and … and pray with them so they can talk to him about these things. And he sort of avoided them for a while, but eventually he started getting threats by February 2018 from the leader of the Muslim Brotherhood in the area, the imam, and he … and he complied because they threatened his life if he wasn’t going to meet with them.
[7] So, he met about three or four times with the imam and the more they talked to him the more he, in fact, really disliked Islam and decided it was a violent religion. And eventually he had a blow out with the imam and he (inaudible) on him.
[8] Nothing really happened though after that. Allegedly, the most that happened was then a relative of the imam who was a police officer called him and threatened him to change his ways, and the claimant basically told him that he will, and sort of avoided the police officer.
[9] And a few months afterwards he basically left the country with the help of his dad and his dad’s friend Mr. XXXX(ph) who is actually here today.
[10] And the claimant then fears returning to Egypt because they mistreat atheists, and he fears either being killed by the Muslim Brotherhood or the government itself.
[11] Now, in terms of his identity, the claimant’s identity as an Egyptian is established by his … by his testimony and the supporting documentation, namely, the passport and the identity card which also confirms that he was designated as birth … at birth as a Muslim which is something that, according to the NDP, is known, that Egypt designates people by religion from their birth according to their parents. And so we know that the government designates him as a Muslim man. That all (inaudible) in Exhibit 1, the originals of the Minister.
[12] In terms of credibility, I found the claimant to be a credible witness and I believe what he’s alleged in support of his claim. He testified in a straightforward manner and there’s really no relevant inconsistencies or contradictions between his testimony and the other evidence before me.
[13] I accept his testimony and … and explanations for why he would even hangout with the Muslim Brotherhood, which is a known terrorist listed entity in … in Egypt, and that he was afraid that if he wasn’t going to comply after trying to avoid them for months, they would eventually just going to kill him.
[14] So, I accept his evidence in that regard. I don’t … you know, I find that I accept he was afraid, more afraid to not meet with them because it would appear that they were really trying to reconvert him back to Islam and he wanted to just play along while he was trying finish his schooling, given that there’s only a few months left.
[15] I also accept counsel’s submission that in the context of this case the … the omission of the imam’s name is really … should not be held as a determinative issue for credibility.
[16] Ultimately, it’s clear that the claimant did not really suffer actual past persecution though. This is more of a future persecution case because ultimately nothing happened and there’s no evidence that any type of blasphemy case was actually launched against the claimant.
[17] While he appears to have used Mr. XXXX to get out of Egypt, there’s really nothing unusual about that and the person … and it appears there have been no bribes paid or anything of that sort because Mr. XXXX basically accompanies all sorts of people outside of Egypt including his own family, and just because he’s a friend in the … in the airport.
[18] There’s really no evidence to indicate that the Government of Egypt is currently looking for the claimant or that the Muslim Brotherhood is even looking to do anything else to the claimant except just report him to the … the police relative of the imam.
[19] Really, the issue is what will happen to the claimant in the future, and I find looking at the objective documentation in the NDP, I find that it is sufficient to establish that he would face a serious risk of persecution based on either being perceived as an atheist or his political opinions over his lack of religion which is sufficient for a religious nexus.
[20] The … the International Religious Freedom report from the US DOS for Egypt that’s Item 12.9 contains numerous citations for individuals who have been arrested for blasphemy or denigration of religion for basically being atheist, and a lot of it it’s got to do with social media presence which generates a paper trail, and these people get arrested and go to jail and they get mistreated in jail as well.
[21] There’s also a report about even two potential atheist individuals who were arrested, not because of any public blasphemy but rather because they themselves were exchanging private messages about atheism, and that was enough even for them to get arrested just for that, so, private conduct.
[22] And that really appears to be only … it’s not even a complaint by the Muslim Brotherhood. It’s really just a … was a complaint of a restaurant owner who simply just reported these two people, these two employee cooks to the authorities who then actually acted on that complaint and arrested them.
[23] And all of that really indicates that, you know, serious persecution on a forward-looking basis for really just texting each other.
[24] So, all of that is really, in my view, a serious possibility of persecution against the claimant if … as his being … as he is an atheist as I accept that he is, a serious possibility of it. And I find that that is sufficient to establish not only a credible fear but also a serious risk of persecution that amounts to persecution.
[25] There’s also the fear of the Muslim Brotherhood as well and the Muslim Brotherhood is a terrorist organization. And while I find that there may be State protection against the Muslim Brotherhood in the … in theory, Item 2.1 of the NDP does indicate that the government does act fairly quickly and fairly violently against any Muslim Brotherhood that (inaudible) attacked.
[26] I find that in the case of the claimant that State protection would not be forthcoming. Would actually get him into more trouble because while it may be true that he could have reported the Muslim Brotherhood people that he met in university they would have been arrested, I would find, and probably executed, the problem is … that I accept his evidence that he also would have a serious possibility that he also would have been arrested for blasphemy and then he would have himself been sent to jail on blasphemy charges potentially or … or denigrating religion, given his atheistic views that he was publicly expounding to other people.
[27] And so I find that State protection would not be forthcoming in his case and it’s also not reasonable for him to seek State protection given that he is an atheist. He would be a vulnerable minority which is also targeted by the government at the same time as the Muslim Brotherhood. So, I find that he’s rebutted the presumption of State protection.
[28] That leaves the question of internal flight alternative, and I find that because the fear is also from the government and the government is known to be an agent of persecution against atheistic people through the courts and through the police, and there’s no evidence that anywhere in Egypt is a … is safe for the claimant from the government and from this type of persecution.
[29] I find that … that renders any IFA including Giza or Alexandria to be not … not viable under the first prong of the test. There’s therefore no need to … to speak to the second prong of the test.
[30] Accordingly, I find that … I find that the claimant has met all the … the elements of the Convention refugee definition. I also found that his … his witness Mr. XXXX was also credible in his own right.
[31] I find … therefore find him to be a Convention refugee under the … the Convention ground of religion or the alternative political opinion or the alternative as a particular social group and I therefore accept his claim.
———- REASONS CONCLUDED ———-