Citation: 2019 RLLR 219
Tribunal: Refugee Protection Division
Date of Decision: January 15, 2019
Panel: M. Lalonde
Counsel for the Claimant(s): John Rokakis
Country: Iraq
RPD Number: TB6-07934
Associated RPD Number(s): N/A
ATIP Number: A-2019-00482
ATIP Pages: 001574-001577
On January 15, 2019, the Refugee Protection Division (RPD) heard the claim of XXXX, who claims refugee protection under sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA). On that same day, the panel rendered its oral positive decision and reasons for decision. This is the written version of the oral decision and reasons that have been edited for clarity, spelling, grammar and syntax with added references to the documentary evidence and relevant case law where appropriate.
DECISION
[1] MEMBER: This is the claim to refugee status made by Madam XXXX file number TB6-07934.1
[2] The claimant is a citizen of Iraq. An edited copy for clarity, grammar, and syntax will be sent to the claimant and I may add references to documentary evidence or jurisprudence if appropriate.
DETERMINATION
[3] I find the claimant a Convention refugee under Section 96 of the Immigration and Refugee Protection Act2 for the following reasons.
[4] The claimant arrived in Canada in 2016. She came from XXXX where she was given a protection document from the United Nations High Commissioner for Refugees (UNHCR).3 The claimant had a previous hearing and during that first session she was given a negative decision. The panel had wondered if there was not a possibility for the claimant to return to Lebanon.
Identity
[5] Firstly, I will deal with the issue of identity. The claimant established her identity by providing her passport, a citizenship certificate, as wells as the certificate from the High Commissioner for Refugees.4 There are other documents which do not need to be mentioned.
[6] There is no doubt that the claimant is an Iraqi citizen.
[7] The (UNHCR) certificate indicates that the document was only valid until 20l6. It is not a permanent residency status. The Minister acknowledged this (fact). Exhibit 8 and 9 indicate that the documentary evidence before the Minister at this time does not suggest that the claimant has permanent resident status in Lebanon. At exhibit 8, the Minister indicated that the relevant information related to identity and credibility issues is already before the Board. The Minister has nothing else to add and will not intervene on this claim at this time.
[8] The (identity) concern has been cleared to the satisfaction of the tribunal. Therefore, the case is against Iraq only.
ALLEGATIONS
[9] The claimant listed the problems that prompted her to leave Iraq in her Basis of Claim (BOC).5
[10] In a nutshell, the claimant was residing in XXXX with her family. Her brother was kidnapped by ISIS. Her father paid a hefty ransom. He (her brother) was not released even though the ransom had been paid. The army was able to free her brother. Moreover, through all of this they were bombing. The shop of her father was looted and burnt: everything was destroyed. The whole family had to leave XXXX.
[11] The claimant’s brother and father came to (the hearing) to provide explanations on their residency in XXXX. The panel found the two witnesses credible. They were candid and testified in a straightforward manner. There were no discrepancies between the answers to all questions asked, or with the written statements and previous statements throughout their testimonies.
[12] The panel has no reasons to doubt the credibility of all the witnesses and including the testimony of the claimant.
State protection
[13] Therefore, it leaves the question: what would happen to the claimant should she return to Iraq. As they testified (the claimant and witnesses), as well as in documentation, they are problems … (still): the situation is still dangerous in Iraq. Documentary evidence supports the claimant’s allegations that (bombing incidents) are occurring even in this (year) early 2019.
[14] The US Department of State report on Iraq, country reports on human right practices for 2017 for Iraq outlines the general political situation and human lights climate in Iraq is tense. Violence continued throughout the year (2018) largely fuelled by the action of the Islam State in Iraq and Syria ISIS.
[15] Although Government forces fought to liberate territory taken earlier by ISIS including XXXX, armed clashes between ISIS and government forces caused civilian death and hardship, and indeed security forces had liberated the territory from ISIS drastically reducing ISIS’s ability to commit abuse and atrocities. However, the most significant human rights issues included allegations of unlawful killings by some members of ISF, and particularly some element also of another group PMF. Disappearance, extortion, elements, and torture is also reported.6
[16] It shows that ISIS committed the majority of serious abuses and atrocities. ISIS members committed acts of violence on a mass scale including killing through suicide bombings and improvise explosive devices, executions including shooting and public beheading, use of civilians as human shields, as well as use of chemical weapons, and the list goes on to include kidnapping, rape, enslavement, forced marriage, and sexual violence.7
[17] Such acts were committed against civilians from a wide variety of religious and ethnic backgrounds including Shia, Sunnis, Kurds, Christians, and Yiddish.8
[18] In this kind of climate, as her brother pointed out, the claimant, a woman, cannot live by herself. Of course, in her culture it would be highly risky should she return to Iraq.
[19] Therefore, whatever progress had been made around XXXX, it’s still a town which is according to the claimant’s brother, 90 percent is destroyed and is not safe. As well they are also bombing in Baghdad and other places. Reports from other sources do report such incidents.
[20] Therefore, one cannot expect that State protection (to be available)9 in this kind of climate. Moreover, the claimant, according to her allegations is situated in a position where she would still face more than a mere possibility of being persecuted should she go back to Iraq.
[21] Lastly, those allegations are the same for the whole family. Her father was accepted as a refugee in XXXX 2014.
[22] For all these reasons her claim is accepted, as I indicated under Section 96 of the Immigration and Refugee Protection Act.
—REASONSCONCLUDED—
1 This is a De Novo hearing pursuant to the claimant’s appeal, which was granted January 23, 2017.
2 Immigration and Refugee Protection Act, S.C. 2001, c. 27 as amended, sections 96 and 97 (1).
3 The UNHCR Refugee Protection document confers temporary protection against refoulement to Iraq.
4 Exhibit 1, Package of information from the referring CBSA/ CIC, photocopies of passport, citizenship certificate and certificate from the High Commissioner for Refugees.
5 Exhibit 2, Basis of Claim Form (BOC) – TB6-07934.
6 Exhibit 3, National Documentation Package (NDP, Item 2.1.
7 Ibid.
8 Ibid.
9 Canada (Attorney General) v. Ward [1993] 2 S.C.R. 689.