Citation: 2019 RLLR 79
Tribunal: Refugee Protection Division
Date of Decision: April 9, 2019
Panel: Jeffrey Brian Gullickson
Country: Libya
RPD Number: MB8-19759
RPD Associated Number(s): MB8-19775
ATIP Number: A-2020-01459
ATIP Pages: 00001-00005
[1] I have considered your testimony and the other evidence in this case, and I am ready to render my decision orally. These are the reasons for the decision in the claims of Mr. [XXX] and Ms. [XXX], who are citizens of Libya and are claiming refugee protection pursuant to section 96 and 97(1) of the Immigration and Refugee Protection Act. In rendering my reasons, I have considered and applied the person’s… the Chairperson’s guidelines on women refugee claimants fearing gender-related persecutions.
ALLEGATIONS
[2] The claimants are 22 and 19. They are from Tripoli. They are associated with Misrata through their brother. They had come to Canada approximately in 2014 as students, last… leaving the country, for Mr. [XXX], it was in late [XXX] 2015, for Ms. [XXX], it was [XXX] 2016. The two claimants are brother and sister. They do have two siblings who are still leaving in Libya, but most of their family members, or at least their parents, are living in Qatar where the two claimants had lived for several years before the revolution in Libya in 2011. The claimants had visited Libya recently for Mr. [XXX] in [XXX] 2015, for the female claimant, his sister, in [XXX] 2016. They had stayed for approximately two weeks at that time and for period previous to that, when they were visiting but living in Qatar. The brother, [XXX] (phonetic), had fought in armed conflict in one of the militias starting in 2011 and through to 2013. He was fighting Gaddafi forces, pro-Gaddafi forces, during that period, and he had been targeted by rival militias. And, he had warned the claimants not to return to Libya. The claimants fear that they would be targeted by rival militias, or other groups, and would be the targets of kidnapping, extortion, or related harm, or some harm just related to being a perceived opponent for political reasons or for being associated with Misrata militia. So, the claimants made their refugee claims eventually in Canada.
DETERMINATION
[3] I find that you are “Convention refugees” as you fear persecution by reason of a member of a particular social group or for imputed political opinion, and this is in association with your brother [XXX] activity in the Misrata militia or a similar militia associated with Misrata, and that you would be targeted by rival militias as a possible political opponent.
ANALYSIS
IDENTITY
[4] I find that your identity as nationals of Libya is established by your passports you’ve deposited as evidence.
CREDIBILITY
[5] I find that you were generally credible in your testimony. There were some credibility concerns but they are not determinative. There is probative evidence in support of your claim. The evidence that you did submit were primarily the DVD, which was fairly detailed, it’s almost … I think it’s an hour and a half. It’s approximately an hour and a half, that was a documentary on the claimants’ brother [XXX], who fought in the armed conflict in Libya after the revolution or in the period of 2011 and shortly after that, showing that he had taken up arms and fought in that conflict. He is clearly identified in the credits of the film as well and corresponds to the claimants’ Basis of Claim form where they list their family members. Another document is P-2, which is a letter from the claimants’ father, which is basically explaining his limited and temporary status in Qatar as an employee of a [XXX]. It’s unclear whether he would be able to renew his status in Qatar, but one of the allegations by the claimants is that if they were not allowed to stay in Canada, and there was a risk of being forced to Libya, they would have no refuge in Qatar since their own father has only temporary status there. And, the claimants don’t appear to have any permanent status in Qatar.
[6] The Documentation Package for Libya, dated March 2019, describes the conflict in Libya. That the Gaddafi regime was violently overthrown in 2011 by armed insurgents and NATO, and that’s tab 1.12, sections 5.1.1 to section 5.1.3. And, that’s in the Documentation Package. There is conflict between the ruling groups in Libya. One is in Tobruk and Albida now, in the East, and the other is the… is in the West in Tripoli, which is acting under the UN Accord which had named the government of National Accord as the governing body or the governing structure, and that was in 2015. But that governing structure was not endorsed fully by the parties, and that there are two competing factions in the East and in the West now. And, that is described in tab 1.2, sections the same, 5.1.1 to 5.1.3.
[7] The NDP mentions that family association is not documented as a factor to probably cause danger for other family members who are not primary target … the primary target of aggression by militias or the government in Libya. But there is conflicting information about that, because there is much information in the Documentation Package that describes security zones and armed militias organizing along family clan and tribal lines. So, that would mean by association people could be targeted for violence, and that information is found in tab 9.4 of the Documentation Package, section 4.11. The National Documentation Package indicates that the rest of the country, and this is outside Tripoli, Tobruk, and… what did I say? Albida, and there are other areas that are being disputed by various factions, armed militias, etc. They would be pro-Gaddafi, anti-Gaddafi, Islamic extremist groups, etc. And, there is not a government body that could offer adequate State protection for those areas in Libya. The Documentation Package indicates that Tripoli’s militia groups Libya Dawn, or it’s an umbrella. The group Libya Dawn was dominated by the Misrata based on (inaudible) in 2014. And, that militia included the Tripoli’s… Tripoli Revolutionaries Brigade, or the TRB, and that’s found in tab 1.12 section 7.6. The NDP mentions in several places the Misrata militia as the local armed forces which include… or included … The Misrata had been fighting other forces, and this would be in the Magarha and Sabha region, in 2016, and this is… so, there are some rival militias fighting against Misrata, that’s 4.15 pages 20 to 21.
[8] There are other mentions of Misrata fighting other rival militias. In any case, the National Documentation Package… because the two government that are functioning, and because there’s much maneuvering by the various militias to control territory, being associated with one or the other militias would put someone at risk, necessarily being identified as an opponent to the other militias. So, the claimants, I understand in their situation, their relationship with their brother would be by association, associated with Misrata militia and they would face trouble and would be targeted by the militias which are opposing Misrata.
STATE PROTECTION
[9] I find there is clear and convincing evidence that the State, as we understand it, Libya is unable or unwilling to provide adequate protection for the claimants in their particular circumstances, partly because part of the State may actually be against the Misrata militias, for example the government in the East. And the other reason is that, even the government in the West, the National Documentation Package shows (inaudible) I already stated. And, also mentions that the government in the West that’s been sanctioned by the UN to… sanctioned by the UN meaning that they have the approval of the UN, they have delegated their security duties to various militias in the area that are allied with the government in the East… or in the West rather, in Tripoli. So, consequently, the State has not shown their capacity or willingness to protect the claimants, and they would not… the State would not be able to protect the claimants if they were to go in other areas in Libya.
INTERNAL FLIGHT ALTERNATIVE
[10] On the evidence, I find that there is a serious possibility of persecution throughout Libya for the claimants for the same reasons I’ve already stated above, general lack of security, lack of State control of certain territory, and the inability to protect the claimants.
CONCLUSION
[11] I conclude that you are “Convention refugees” and I accept your claim. Thank you.