Citation: 2019 RLLR 190
Tribunal: Refugee Protection Division
Date of Decision: October 22, 2019
Panel: P. Gueller
Counsel for the Claimant(s): Amro Hayek
Country: Egypt
RPD Number: TB9-04856
Associated RPD Number(s): TB9-04866, TB9-04887, TB9-04888
ATIP Number: A-2020-00518
ATIP Pages: 000890-000897
REASONS FOR DECISION
[1] The principal claimant, XXXX XXXX XXXX XXXX, and the minors XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX are citizens from Egypt. The associate claimant, XXXX XXXX XXXX XXXX XXXX, is a citizen of Jordan. The claimants are seeking refugee protection pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act (the Act)1.
[2] In rendering my reasons, I have considered and applied the Chairperson’s Guidelines on Women Refugee Claimants Fearing Gender-Related Persecution.
DETERMINATION
[3] I find all the claimants to be Convention Refugees as they have established a well- founded fear of persecution based on a Convention ground, namely they are convention refugees based on the convention ground of religion.
IDENTITY
[4] The principal claimant’s identity and the two minors as nationals of Egypt and the associate claimant identity as a national of Jordan, are established through their testimony and the supporting documentation filed, namely their passports.2
PRINCIPAL CLAIMANT ALLEGATIONS
[5] The principal claimant alleges he cannot return to Egypt because he would be persecuted by his family and the authorities because he has converted from Islam to Christianity.
ANALYSIS
Credibility
[6] The determinative issue in this claim is credibility. Both claimants testified in a straightforward and consistent manner. Their oral testimony was consistent with the Basis of Claim form (BOC)3. I find the claimants to be credible witnesses on a balance of probabilities.
[7] The principal claimant has established his identity as a Christian convert by providing documentary evidence in support of his allegations.4
- Baptism certificate
- Photographs of his Baptism
- Recommendation Letter from his church “Family Rescue International Ministries”
- Translation of the telephone chat about his conversion between his wife and her sister
[8] The principal claimant testified that he attended Christian school when he was a child and living in Syria, so he was able to be in contact with Christian teachers and friends. After moving with his family to Saudi Arabia, he was told by his parents that he had to forget what he learned about Christianity.
[9] He stated that his parents had a car accident, where his mother passed away and his father lost both legs, and that was a breakthrough moment in his life about religion and being more conscious that he wanted to know more about Christianity. He had many unanswered questions about Islam and he approached Muslim clerics for explanations because he felt a lack of spiritual fulfillment. The claimant alleges that since his mother passed away, he questioned his religion and the Islamic principles to which he had to adhere to.
[10] The principal claimant stated that he had a temporary working visa in Saudi Arabia and in XXXX 2018, he decided to quit his job and come to Canada to join his wife, because she was studying in Canada.
[11] Upon his arrival to Canada, he felt confident to start inquiring about Christianity and through a co-worker he found the church where he is attending now.
[12] His wife testified that the principal claimant told her about his intention to convert to Christianity in January 2019. Because she did not know how to convince him not to do it, she called her and his family asking for help. She stated that the reaction of both families was the same, to threaten him that they will kill him if he converts to Christianity. Also, that her family, specifically told her that she had to divorce him and return to Jordan, leaving the children with him, otherwise, she would also face being killed if she returns to Jordan.
[13] The associate claimant stated that she and the principal claimant came to an agreement that she understands he could practice his faith and be able to continue their life together.
[14] The principal claimant also testified that even though he would be able to obtain citizenship for his wife in Egypt, because he has converted to Christianity, his whole family will be persecuted there, by religious extremists and the state.
[15] After reviewing all of the evidence, I find the claimant’s evidence to be consistent. I have no reason to doubt the truthfulness of the claimant’s account. As such, I find the claimant to be credible with respect to his material allegations: specifically, that he is a Christian convert Egyptian citizen who will be targeted by Muslims and radicals because of his conversion to Christianity.
MINORS
[16] The principal claimant alleged and testified that in Egypt or Jordan, his children would be abused and discriminated against for having a father that is a Christian convert and that they would face harassment and persecution.
[17] The NDP documentary evidence shows that “Media sources report on the case of a father who had converted to Christianity from Islam who faced mistreatment when attempting to leave the country with his daughter (Compass Direct News 22 Apr. 2011; Porte Ouvertes 30 mars 2011). The father wanted to bring the daughter out of the country as it was not possible to change his ID card (ibid.; Compass Direct News 22 Apr. 2011). According to news agency Compass Direct News, the two had to obtain a court order granting them permission to leave the country (ibid.)”5
[18] I have considered the impact that the principal’s claimant conversion to Christianity will have into the minors’ life if they were to return to Egypt. Therefore, I find, on a balance of probabilities, that also the minors will be facing harassment and discrimination if they were to return to Egypt.
[19] In addition, the minors will not be able to obtain Jordanian citizenship through their mother, as according to the NDP:
“In Jordan, a child born to a Jordanian mother and a non-Jordanian father is considered a noncitizen in the eyes of the state. In violation of international human rights law, which obliges Jordan not to discriminate against women, Jordanian law allows only fathers to pass citizenship to their children. It does not allow Jordanian women to even confer automatic long-term residency on their children. Despite government promises to grant these individuals key economic and social rights, non-citizen children of Jordanian women continue to face legal restrictions that trap many of them at the margins of Jordanian society.”6
[20] Therefore, I find, that the minors do not have access to any other citizenship than Egypt, where they will be facing harassment by the authorities and neighbors, on a balance of probabilities.
Likelihood of Harm – serious possibility and objective evidence
[21] I find that the claimant has established that he and his children have a serious possibility of persecution should they return to Egypt due to his identity as a Christian convert.
[22] The International Religious Freedom Report for 20157 for Egypt discusses the current level of religious tolerance in Egypt. Specifically, with respect to Christian converts. It states:
“Lethal sectarian violence continued over the year, and included the killing of a convert to Christianity by her Muslim family and the targeting of Christians in North Sinai based on their religious identity. The construction of churches continued to be met with societal resistance, including acts of violence. Such violence occurred in connection with construction of a new church approved by the president in El- ‘Our, the village from which came a majority of the 20 Egyptian Copts killed in Libya in February. In many cases, individuals charged with denigration of religion also faced societal violence or threats of violence, according to Christian leaders.”
[23] A Response to Information Request (RIR)8 issued by the Board on November 27, 2013 entitled: Egypt: Whether people who have converted from Islam to Christianity, particularly those converts who have been arrested, are able to obtain passports and leave the country (April 2010-November 2013) states:
“Muslim converts to Christianity are regularly harassed by government officials who view their actions as a social offence against Islam tantamount to treason” (Associate Professor 8 Nov. 2013). Similarly, in correspondence sent to the Research Directorate, a board member of the Coptic Orthodox Church of Canada stated that authorities will attempt to dissuade someone from converting from Islam to Christianity and may arbitrarily imprison the person alongside “dangerous criminals” if they insist on converting (Coptic Orthodox Church of Canada 13 Nov. 2013).
[24] I find that adequate state protection will not be available to the principal and minor claimants if they were to return to Egypt. Objective evidence indicates that the authorities not only fail to protect Coptic Christians and Christian converts, but themselves engage in violence against such persons, while perpetrators of attacks against Christians commit abuses in a climate of impunity.9 I find that the claimant’s evidence, when considered together with the objective evidence, is a clear and convincing rebuttal of the presumption of state protection.
[25] Having considered the claimant’s evidence as well as the objective evidence contained in the NDP and counsel’s package of disclosure10, I find there is a serious possibility that the principal and minor claimants would be persecuted upon return to Egypt because of the principal claimant’s conversion to Christianity. The principal claimant has a well-founded fear of persecution in Egypt by reason of being a Christian convert and the minors because they will be harassed by having a Christian father.
IFA
[26] The evidence does not suggest that the religiously-motivated violence is restricted to a particular area of Egypt, or that individuals in the claimant’s situation could find safety elsewhere11. The NDP documentary evidence states that Christians are being persecuted in Egypt as converting to Christianity from Islam is considered an offence, and the person will have “difficulty dealing with officials and neighbors … The Associate Professor added that “Muslim converts ta Christianity are regularly harassed by government officials who view their actions as a social offence against Islam”.12
[27] As such, I find that the claimants cannot avail themselves of a viable internal flight alternative.
CONCLUSION
[28] For the reasons set out above, I find the principal claimant and the minors are Convention refugees and I accept their claim.
(signed) PAULINA GUELLER
October 22, 2019
1 Immigration and Refugee Protection Act, S.C. 2001, c. 27, as amended, sections 96 and 97(1).
2 Exhibit 1
3 Exhibit 2
4 Exhibit 6
5 NDP Egypt 12.7
6 NDP Jordan 3.9
7 Exhibit 3, item 12.1.
8 Exhibit 3, 12.7 Egypt: Whether people who have converted from Islam to Christianity, particularly those converts who have been arrested, are able to obtain passports and leave the country (April 2010- November 2013)
9 Exhibit 3, Item 12.8, Egypt: Situation and treatment of Christians; availability of state protection.
10 Exhibit 5
11 Exhibit 3, Item 12.5: Sectarian Attacks Amid Political Crisis.
12 NDP Egypt 12.7