Citation: 2019 RLLR 192
Tribunal: Refugee Protection Division
Date of Decision: October 3, 2019
Panel: P. Gueller
Counsel for the Claimant(s): Namita Dass
Country: Egypt
RPD Number: TB9-09802
Associated RPD Number(s): N/A
ATIP Number: A-2020-00518
ATIP Pages: 000944-000948
DECISION
[1] MEMBER: So, the claimant XXXX XXXX XXXX XXXX is a 45-year-old woman who is a citizen of Egypt and holds no other citizenship. Is claiming refugee protection pursuant to Sections 96 and 97(1) of 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.
Determination:
[3] I find the claimant is a Convention refugee as she has established a well-founded fear of persecution based on the Convention ground, namely, her membership in a particular social group because of her religion.
Identity:
[4] The claimant’s identity as a national of Egypt has been established by her testimony and the supporting documentation filed, namely, a copy of her passport. She also confirmed today at the hearing that she has no permanent resident or citizenship status in any country other than Egypt.
Nexus:
[5] I find that you have each established a nexus to Section 96 by reason of religion.
Allegations:
[6] In the claimant’s Basis of Claim Form she indicates that she fears persecution if she were to return to Egypt because of her religion as she is a Coptic Orthodox Christian.
[7] She also stated that she lived in Egypt her entire life.
[8] The claimant alleges that she is a Coptic Christian from Cairo, Egypt. She was harassed, pressured, and threatened to be killed by an ex-co-worker to convert to Islam. Because of that she was pressured to move to different locations to avoid her persecutor.
[9] She divorced her husband who converted to Islam before the definitive divorce certificate that was issued in June 2016.
[10] In mid-documents 2018 she was attacked by two women that forced her into a microbus, hitting her and tried to force her to announce her Islam.
[11] On a few occasions she went to visit her father in Kuwait to escape temporarily leave the persecution. However, there was no option for her to stay permanently in Kuwait.
[12] She fears harm because of her religion and gender should the … should she return to Egypt.
[13] The claimant arrived in Canada on XXXX XXXX XXXX 2019 and applied for asylum on April 5, 2019.
Analysis:
Credibility:
[14] I find the claimant to be credible witness testifying in a straightforward manner. There were minor inconsistencies between your testimony and the documents before me or between your oral and written testimonies.
[15] Coptic Christians is a religious minority in Egypt.
[16] I have considered the claimant’s testimony and the documentary evidence in support of her allegations. Like the certificate of baptism and her national identity card at Exhibit 5.
[17] I asked how you would be identified in your country. Either outside or by your documentation, you indicated you wear a cross as a pendant and you don’t wear a scarf over your hair and wear … wear some clothes.
[18] You said that you were practicing Christian in your country attending church twice a week and have been baptized twice.
[19] On a balance of probabilities, I find it is reasonable that you would be identified as a Christian in your home country through your appearance and actions, as well as through your identification documents.
[20] The claimant testified as to the personal difficulties. She has suffered aggression, violence, and persecution prior to coming to Canada. This occurred on the street, in your workplace, and with your ex husband that converted to Islam.
[21] The claimant went to the police but they refused to take report because she did not know the complete information of her persecutor.
[22] I have considered the claimant’s testimony and also the objective evidence regarding the treatment of Coptic Christians in Egypt today.
[23] A response of … to information request in the National Documentation Package for Egypt outlines widespread societal violence against Coptic Christians in Egypt. According to the RIR attacks against Coptic Christian’s homes and buildings, as well as physical assaults against Coptic persons in Alexandria are a regular occurrence. The same RIR also outlines similar attacks throughout the country including numerous attacks by terrorist groups directed at Coptic Christians.
[24] The United States Department of State international religious freedom report for Egypt reports that Coptic Christians throughout Egypt face societal discrimination in their daily lives.
[25] A report by the United States Religious Freedom Commission states that human rights groups reported more than 120 sectarian attacks including mob attacks against Christians and churches. And the Jack of effective prosecution of perpetrators remained a serious concern.
[26] A series of attacks in 2017 by affiliates of the terrorist group the Islamic State of Iraq and Syria, ISIS, targeted houses of worship including attacks against churches and Christians that resulted in almost 100 deaths and hundreds of injuries.
[27] Sources indicate that the Christian minority is victim of aggression, violation, kidnapping, and extortion. This is coherent with your allegations of violence and aggressions which you have claimed to have suffered in your country.
[28] In consideration of the ensemble of the evidence I find, on a balance of probabilities, that the claimant has established a well-founded fear of persecution if she has to return to Egypt for reasons of her religion.
State Protection:
[29] I find, on a balance of probabilities, that the claimant has rebutted the presumption of State protection with clear and convincing evidence that the Egyptian State would be unwilling or unable to provide her with adequate protection.
[30] I have considered whether or not State protection would be adequate for the claimant in Egypt at this time.
[31] According to the objective evidence the Egyptian authorities have not only been tolerant of violence and discrimination against the Christian minority, they have been engaged in acts of violence as well.
[32] There are reports indicated … indicating that there have been a certain number of arrests for violence committed against the Christianity minority. However, they are very limited.
[33] I note the objective evidence confirms that the authorities tolerate violence and they are slow to act if they do act at all to protect members of religious minorities from discrimination and violence.
[34] A report by the United States Religious Freedom Commission finds that authorities in Egypt routinely pressured Christians to drop charges against Muslims.
[35] A Human Rights Watch report describes the response by authorities to violence against Christians in Egypt as indifferent.
[36] Therefore, on a balance of probabilities, based on the claimant’s credible allegations and the documentary evidence before me I find that State protection would not be adequate for her at this time in Egypt.
Internal Flight Alternative:
[37] I have also considered whether or not an internal flight alternative would be available to the claimant. The objective evidence indicates that the situation for Christians is difficult in all areas of Egypt. That Christian’s persecution is widespread throughout Egypt.
[38] Therefore, I find, on a balance of probabilities, that the claimant faces a serious possibility of persecution throughout Egypt and as a consequence there is no viable internal flight alternative for her anywhere in the country.
Conclusion:
[39] I find that there is more than a mere possibility that the claimant would be persecuted upon her return to Egypt based on her religion. Therefore, her claim is accepted. The claimant is recognized as a Convention refugee.
[40] COUNSEL: Thank you, Member. ———- REASONS CONCLUDED ——-