Citation: 2019 RLLR 220
Tribunal: Refugee Protection Division
Date of Decision: May 14, 2019
Panel: A. da Silva
Counsel for the Claimant(s): Douglas Lehrer
Country: Somalia
RPD Number: TB6-04576
Associated RPD Number(s): N/A
ATIP Number: A-2020-00584
ATIP Pages: 000438-000440
DECISION
[1] MEMBER: Sir, I’ve considered your testimony and the evidence in this case and I’m prepared to render an oral decision.
[2] Okay and when the written reasons are issued they may be edited for spelling, grammar and references to documentary evidence.
[3] This is the decision in the claim of, XXXX XXXX XXXX, who claims to be a citizen of Somalia and is claiming refugee protection pursuant to Sections 96 and 97 of the Immigration and Refugee Protection Act.
[4] The claimant alleges the following:
[5] He is a member of the minority XXXX clan and practices the Sufi version of Islam.
[6] In 1993, while living in Kismayo, he and his family were attacked by members of the Hawiye clan. As a result, his mother was injured and eventually died from the injuries.
[7] He and his family then fled to the village of <inaduible>where they had relatives.
[8] ln 2002, the family left for the safety of Kenya and the claimant stayed there until he left for the United States in 2015.
[9] In the United States, he made a claim for asylum which was rejected. He subsequently crossed the border into Canada and initiated a claim for refugee protection.
[10] The key issues in this case were the claimant’s identity, credibility and internal flight alternative.
[11] His personal and national identity as a citizen of Somalia has been established by his testimony and the evidence presented at his initial hearing which was subsequently confirmed by the Refugee Appeal Division.
[12] At his de novo hearing today, the claimant testified as to his identity as a member of the XXXX clan and his Sufi religious background. A witness also appeared on his behalf and confirmed that he knows the claimant to be a member of the XXXX clan and his Sufi religious background.
[13] I am persuaded, on a balance of probabilities, that he is who he says he is with respect to his clan affiliation and religious background.
[14] I also find that the claimant’s testimony has been consistent and been delivered in a direct manner with a ring of truth. I find him to be a credible witness.
[15] The most recent information on country conditions indicate that the Somali authorities have limited ability to provide human rights protection to society. The situation in both Mogadishu and Kismayo, though under the control of the African Union Mission in Somalia, continues to be precarious.
[16] I have considered the claimant’s profile and the current situation in Somalia and whether he could live in either Mogadishu or Kismayo if he was returned to Somalia. Somalia continues to be a dangerous country, especially for members of the minority clans and those who practice less conventional forms of Islam.
[17] The claimant is also someone who has been out of the country for some 17 years and would find it difficult to assimilate into the current culture and situation.
[18] He would, therefore, be viewed with suspicion, especially by certain elements, such as, members of Al-Shabaab.
[19] Having considered the evidence, including his testimony and that of his witness, the claimant’s profile and the current conditions in Somalia, I find that there is a reasonable chance that he would be harmed were he to be returned to Somalia.
[20] I, therefore, find that he has satisfied the burden of establishing a serious possibility of persecution on a Convention ground and I, therefore, conclude that he is a Convention refugee and I accept his claim.
[21] I will return through Counsel, his original documents.
———- REASONS CONCLUDED ———-