Citation: 2019 RLLR 197
Tribunal: Refugee Protection Division
Date of Decision: September 20, 2019
Panel: Julie Morin
Counsel for the Claimant(s): Luai Walid El Haj-
Country: Egypt
RPD Number: MB8-11152
Associated RPD Number(s): N/A
ATIP Number: A-2020-00518
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.
[3] In rendering my reasons, I have considered and applied the Chairperson’s Guidelines on Women Refugee Claimants Fearing Gender-Related Persecution.
ALLEGATIONS
[4] You allege the following: You allege that you will be harmed by your daughter’s husband. She had been a victim of domestic violence in Egypt. After years of violence in her country of origin, she and her children obtained recently the protection of Canada. She is now in the process of divorcing her husband, but he threatened to harm you if you were to return to Egypt in order to force her to go back there. You fear to be harmed by this man who was also violent with his children. You fear of being subjected to his violence if you were to go back to Egypt.
DETERMINATION
[5] 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
[6] I find that your identity as a national of Egypt is established by the documents provided: namely your passport.
Nexus
[7] I find that you have established a nexus to section 96 by reason of member of a particular social group as you fear persecution because you have members of your family who were submitted to domestic violence; consequently, they were granted the protection of Canada.
Credibility
[8] 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: a testimony of your daughter who explains the risk you face in Egypt because she has started the procedures to divorce her violent husband (C-1); a XXXX report for your grandson XXXX which explains the problem that he is experiencing and confirms that his father has been violent with the family (C-2); the narrative of your daughter which describes in details the violence that she and her children, especially XXXX, were subjected to at the hands of her husband and father of the children (C-3). After reviewing the documents, I have no reasons to doubt their authenticity.
Objective Basis of Future Risk
[9] 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: Violence such as beating, injuries, possibly death.
[10] The fact that you face this risk is corroborated by the following documents: NDP for Egypt – March 29, 2019 Version: on the fact that violence against women is widespread (tab 1.4); on the fact that domestic violence is prevalent and commonly accepted (tab 1.8); Amnesty International published a thorough analysis on the violence against women in Egypt (tab 5.6). The report states that women in Egypt have been facing endemic violence since the uprising of 2011.
State Protection
[11] I find that adequate state protection would not be reasonably forthcoming in this particular case. According to the evidence I have, the police are also reportedly reluctant to investigate cases of violence against women, particularly where it is domestic (tab 1.4). Also, another source states that domestic violence remains unpunished because of shortcomings in the Egyptian Penal Code (tab 1.4). The government has put in place a few years ago the National Strategy to Combat Violence against Women but the results are limited because there is no monitoring mechanisms (tab 2.3). Finally, the Amnesty Internal report quoted above indicates that successive governments have failed to put in place adequate protection to women from this endemic violence (tab 5.6).
Internal Flight Alternative
[12] 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. The evidence I have is that the person you fear is well connected and has influence. Also, the evidence I have is that this man was violent with his children; this demonstrates to me that he can harm vulnerable persons such as you. You do not have any support in Egypt, you would be left by yourself without protection.
CONCLUSION
[13] Based on the analysis above, I conclude that you are a “Convention refugee”. Accordingly, I accept your claim.
(signed) Julie Morin
September 20, 2019