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2019 RLLR 193

Citation: 2019 RLLR 193
Tribunal: Refugee Protection Division
Date of Decision: November 21, 2019
Panel: K. Khamsi
Counsel for the Claimant(s): Samir N Roman
Country: Egypt
RPD Number: TB9-24464
Associated RPD Number(s): N/A
ATIP Number: A-2020-00518
ATIP Pages: 001013-001016

REASONS FOR DECISION

INTRODUCTION

[1]       These are the reasons for the decision in the claim of 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]       This claim has been decided without a hearing, according to the Immigration and Refugee Board’s Chairperson’s Instructions Governing the Streaming of Less Complex Claims at the Refugee Protection Division (RPD) and paragraph 170(f) of the Act.

ALLEGATIONS

[3]       You allege the following: That you face persecution in Egypt at the hands of the Muslim brotherhood because of your religion.

[4]       You have been targeted by the Muslim brothers because of the work you do in church with those Christians who converted to Islam under duress.

[5]       Muslim extremists have kidnapped your ex-girlfriend and your wife and have killed the priest you used to work with.

[6]       You are afraid to be killed by Muslim extremists if you refuse to convert to Islam.

DETERMINATION

[7]       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

[8]       I find that your identity as a national of Egypt is established by the documents provided such as your passport. Your religious identity was established by the supporting documents you have provided in exhibit 5.

Nexus

[9]       I find that you have established a nexus to section 96 by reason of religion.

Credibility

[10]     You have provided a narrative that is consistent with country conditions. Your profile as a Coptic Christian was also well documented. Where fear is due to cumulative acts of discrimination or harassment, the issue of delay cannot be used to impugn subjective fear solely.1 This delay in departure does not undermine your overall credibility.

[11]     When considering the totality of the evidence I find that your written evidence is supported by reliable corroborating documents, and find that you have a credible subjective fear.

Objectively well-founded

[12]     Your fear of persecution is based on being Coptic Christian. You have experienced persecution and discrimination amounting to persecution as Coptic Christian, and this is supported by the documentary evidence in the National Documentation Package (NDP) for Egypt.

[13]     Christians represent five to ten percent of the Egyptian population, and of those 90 percent are Coptic. The Coptic Christian community have continued to experience discrimination and intimidation because of their religious beliefs, particularly in areas where there are many Muslim Brotherhood supporters. They continue to be the target of sectarian violence.

[14]     While there is evidence that violence has decreased following the incidents that shook the Coptic community in 2013; discrimination and violence remain a problem. There are reports of large numbers of assaults on Coptic Christians as well as prosecutions for proselytizing, blasphemy and denigration of religion.

State protection

[15]     I find that adequate state protection would not be reasonably forthcoming in this particular case based on country conditions. It is noted in the NDP that the police and authorities do not intervene to protect Coptic Christians who are victims of criminal acts. Where a Coptic Christian victim wants to go forward with prosecution of a violent crime, the reliable documentary evidence suggests that crimes committed against Coptic Christians are dealt with slowly which fosters an atmosphere of impunity overall. This is also consistent with the claimant’s experiences.

Internal flight alternative (IFA)

[16]     I have considered whether a viable internal flight alternative exists for you. On the evidence before me, I find that there is a serious possibility of persecution throughout Egypt. Coptic Christians are exposed to risk of persecution in all areas of the country, and given your profile, Coptic Christians who are active in their religious community, it would be unreasonable for you to seek refuge in any part of the country.

CONCLUSION

[17]     Based on the analysis above, I conclude that you are a Convention refugee. Accordingly, I accept your claim.

(signed)           K. KHAMSI

November 21, 2019

1 Shah, Mahmood Ali v. M.C.l. (F.C., no. IMM-4425-02), Blanchard, September 30, 2003, 2003 FC 1121.