Citation: 2019 RLLR 24
Tribunal: Refugee Protection Division
Date of Decision: June 26, 2019
Panel: Keith Brennenstuhl
Counsel for the Claimant(s): Kristina Cooke
Country: Pakistan
RPD Number: TB8-27592
ATIP Number: A-2021-01124
ATIP Pages: 000151-000155
REASONS FOR DECISION
On June 26, 2019, the Refugee Protection Division (RPD) heard the claim of [XXX] 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.
INTRODUCTION
[1] These are the reasons for the decision in the claim of [XXX], who claims to be a citizen of Pakistan, and is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.
ALLEGATIONS
[2] The allegations are fully set out in the claimant’s Basis of Claim form. The claimant identifies her religion as the Shia sect of Islam. Her problems arose during her teaching of her grade 10 students, when she spoke out against terrorist acts that had happened the day before when a girls’ school was destroyed in a nearby province. She expressed her view that the real culprits were Madrasahs and that they were incubators for terrorism. She talked about terrorist organizations including the Lashkar-e-Jhangvi (LeJ) saying that people who gave them refuge were equally culpable for their terrorist acts.
[3] Accused of preaching religion and speaking out against Sunnis, the principal terminated the claimant’s employment the next day. Rumours spread that she had been terminated because of her involvement in “immoral activities”.
[4] Three days later, while waiting at a bus stop, two men on a motorbike drove by and fired two gunshots around her. She registered a First Information Report (FIR) at the police station. On the same night, she received a call on her cell phone from a man claiming to be a member of LeJ, saying the attack earlier that day had been a warning from them and that they would not tolerate a Shia pervert who was involved in spreading hatred in school against Sunni Islam.
[5] She relocated to [XXX] and changed her cell phone number. A week later, she learned from her former neighbour that two men knocked at her door and had inquired about the claimant, indicating that the claimant was on their hit list. She contacted the police to update them on the situation but they had nothing to update her with or help to offer.
[6] The claimant raised funds for an airline ticket and visa and fled Pakistan to the USA. Shortly thereafter she made her way to Canada where she made her refugee claim.
[7] The claimant is afraid of returning to Pakistan because she has been targeted by the LeJ for spreading, what is perceived to be, anti-Sunni sentiments.
DETERMINATION
[8] I find that the claimant is a Convention refugee as she has established a serious possibility of persecution should she return to Pakistan based on the grounds in section 96.
ANALYSIS
Identity
[9] I find that the claimant’s identity as a national of Pakistan is established by the documents provided, including a certified true copy of her Pakistan passport.
Nexus
[10] I find that the claimant has established a nexus to section 96 by reason of religion.
Credibility
[11] The claimant’s evidence is, on the balance, internally consistent, inherently plausible, and consistent with the documentary evidence on country conditions in Pakistan. Furthermore, the allegations are corroborated by personal documents that I do not have sufficient reason to discount, including corroboration of the claimant’s identity as a Shia, and as a teacher, and that she was terminated from her teaching position on the false allegation of spreading hatred against Sunni Islam. The FIR supports her allegation that you were fired upon by two unidentified persons on a motorbike. I, therefore, find this evidence to be credible and that the allegations are probably true.
Objective basis of future risk
[12] Based on the credibility of her allegations, and the documentary evidence set out below, I find that the claimant has established a future risk that she will be subjected to threats, violence and even death at the hands of Sunni militant groups if she were to return to Pakistan.
[13] Country condition documents indicate that Shia Muslims face increasing threats in Pakistan. They are being systematically targeted and shot dead by Sunni militants who do not consider them as Muslims. There is a general lack of effective state protection for those Shia Muslims who are targeted by Sunni militant groups. The Pakistani government’s response to violent attacks against Shia is characterised as grossly inadequate; it is described as lacking political will to address violence against Shia. Militants targeting Shia Muslim act with “impunity” (National Documentation Package (NDP) for Pakistan (January 31, 2019), Item 12.5). Shi’ites, according to the UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Members of Religious Minorities from Pakistan (Item 1.8) face a growing threat of sectarian attacks with attacks primarily targeting ordinary individuals. I should add that the claimant would have a heightened vulnerability in that she is a female educator as well. AntiShi’ites speech reportedly permeates all sectors of society, and extremist groups are reported to have publicly called for the killing of Shi’ite individuals and have used methods to instill fear and force them to flee. According to a document entitled Everything has shattered- rising levels of violence against Shi’a in Pakistan (Item 12.23), the Pakistani government completely fails to protect its Shia population and has not been able to successfully counter allegations that it is protecting militants.
Nature of the harm
[14] The harm that the claimant would face if she were to return to Pakistan clearly amounts to persecution.
State protection
[15] The objective evidence confirms that state protection, as it relates to sectarian violence against Shia, is ineffective as already canvassed earlier. I am satisfied, therefore, that the claimant will not be able to avail herself of adequate state protection in the face of persecutory acts from non-state actors if she must return to Pakistan.
Internal flight alternative (IFA)
[16] I have considered whether a viable internal flight alternative exists for the claimant. According to the UNHCR Eligibility Guidelines, given the wide geographic reach of some armed militant groups, a viable IFA will generally not be available to individuals at risk of being targeted by such groups.
[17] I am satisfied, given the claimant’s profile as a Shia’ female educator, she will face a serious possibility of persecution based on her profile and in particular her religious profile anywhere in Pakistan. Attacks by extremists targeting Shia in Pakistan is widespread (Item 12.23) and police often fail to protect religious minorities, including Shia, from attacks.
CONCLUSION
[18] Based on the forgoing analysis, I conclude that you are a Convention refugee. Accordingly, I accept your claim.