Citation: 2020 RLLR 105
Tribunal: Refugee Protection Division
Date of Decision: February 4, 2020
Panel: Sudabeh Mashkuri
Counsel for the Claimant(s): Vincent De Paul Wafo
Country: Sudan
RPD Number: TB9-08215
Associated RPD Number(s):
ATIP Number: A-2021-00945
ATIP Pages: 000148-000151
DECISION
[1] MEMBER: I have considered your testimony and the other evidence in the case and I’m ready to render my decision orally to you now. When you do get the written reasons for your case, the written form of these reasons will no longer be edited for spelling, syntax and grammar. However, I have, I want to reassure you that I have considered all the applicable case law and the documentary evidence which I have before me and although there may be some grammatical mistakes, the essence of this decision is what I’m going to say right now.
[2] The claimant, [XXX], you claim to be a citizen of Sudan and you’re claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[3] You were born on [XXX] of [XXX], which makes you [XXX] years old when you came into Canada and therefore, a designated representative has been provided to, the designated representative being [XXX], who was present today as well as assisting you for your claim. In deciding your claim, I’ve considered the Chairperson’s Guideline number 3 with regards to Child Refugee Claimants specifically, unaccompanied minors who have sought protection in Canada.
[4] This is my determination.
[5] After considering the totality of the evidence before me, I find that you are a Convention refugee based on your perceived political opinion for the following reasons.
Allegations
[6] Your allegations were set out in your Basis of Claim form, which is Exhibit number 2, which today was amended to also include the designated representative’s signature since she was not designated prior to you providing your Basis of Claim form.
[7] To summarize, you are, you were born as I said in [XXX] in Khartoum, Sudan. You were a high school student in Khartoum and who went to a demonstration in [XXX] 2019 with some neighborhood friends. At that point, you were detained and beaten by the security forces and when you were released, your sister who’s a dentist, helped you with the bruises and your injuries and you went back for another demonstration a week later and at that point afterwards, the police or the security forces came looking for you and you went into hiding. Your parents obtained a visa to United States and you were sent out of Sudan to United States by your parents. You were for two days in United States and you crossed a border into Canada in [XXX] 2019 and you sought protection in Canada as a minor unaccompanied claimant.
ANALYSIS
[8] Your identity. Your identity as a national and a citizen of Sudan is established, on a balance of probabilities, by your testimony and the supporting documentation, specifically, your passport which was seized by CBSA when you entered Canada. I also had some issues with regards to your age, which I will talk about in the credibility section.
[9] However, I find that you have on a balance of probability, established who you say you are.
[10] As for, as credibility is concerned, I have used the Child Guidelines with regards to assessing your credibility. There’s a presumption of truth unless there are inconsistencies, contradictions and omissions in your written evidence and I did not find that, except there was a very minor problem with regards to your birth certificate. There was a discrepancy about your age, the translated document said that you were born in [XXX], however, I find that you provided a reasonable explanation. I did have Madam interpreter here also look at the original document, which according to her it isn’t [XXX], that it was translated by mistake as to being, you being born in [XXX].
[11] I found you to also be credible for a young person. I did use, as I said, the Gender gui-, sorry, the Child Guidelines, we had many conferences. I found it, the DR to be very helpful in trying to provide evidence with regards to your identity and your relatives here. You also, there was corroborating evidence from doctors here and a [XXX] report. I also took into consideration your family and your friends corroborating evidence. I had some family members here in Canada, that was a witness here, [XXX], who’s also a con-, a, a, a, a claimant as well, as I had your friend here who was a witness with regards to going to Sudan and bringing the documentary evidence to Canada for your claim.
[12] I do note that you have, as a young person, as a minor, you had family here in Canada and that is why you did not ask for protection in United States and that is reasonable tome.
[13] I find that also your, your own oral testimony and your written testimony to be credible. You did state that you would be, it would be ok that educational documents are available from Khartoum if I needed to have those to be sent to me.
[14] Therefore, I find that you are a credible witness that, as I stated also there were two witnesses here as well.
[15] Fear in refugee protection is forward-looking and it’s the perception of the persecutor and I do find that you would be, there would be a reasonable chance of persecution, that you have met the subjective element of, of your claim, that you were perceived to be anti-government if you were to return. The documentary evidence also speaks of massive demonstrations in the last few years in, in Khartoum, that these were led by many young people, there were university students, high school students who also participated in these massive demonstrations. As far as the objective documentary is concerned, I have taken into consideration Exhibit number 3 which is the NDP with regards to the DOS report, there are many Human Rights Watch reports, Amnesty International and UN documents with regards to what is happening in Sudan. And Sudan has been under an oppressive government for many years, although there have been some changes in the last year, I find that based on the objective documentary evidence, as well as what you did testify to that these changes are not durable or substantive. I say this because although al-Bashir was overthrown in April 2019, the military in June 2019 attacked and killed peaceful demonstrators that were camping outside of the military and the court houses, this is what you said as well as what I have in the documentary evidence. I also find that the documentary evidence talk about the interim government which is headed by someone who has been involved in genocides in Darfur, specifically I’m speaking about Hemetti NISS is still monitoring and pursuing those who are deemed to be anti-government. Although you are a young person, I have to look at the future, you have some future plans that you articulated that includes being able to live freely and with purpose and being able to, to live a life in that, does not include being oppressed. I do find that you’re too young to be expected to give eloquent, I guess your future plans but I am, as I said I’m using the, the Child Guidelines. Having said that, I find that your evidence is, it should not be deemed to be the same as an adult. There’s some things you didn’t know about. For example, with regards to surrounding your past experiences and your fear of future pers-, persecution, I do find that the documentary evidence specifically, psychological report states what you fear, what you have experienced previously and I find that using the, the Guidelines, that there might be some gaps with regards to who you came here to stay with but I don’t think that is central to the claim.
[16] Therefore, I find that you have provided credible evidence, that the objective and the subjective elements have been met.
[17] As far as state protection is concerned, state protection would not be reasonably forthcoming in this particular case, since the State is the agent of persecution.
[18] I also find that you do not have a viable internal flight alternative, since the State is in control of all of its territories in Sudan and also you are a minor claimant and you would not be able to live on your own without your family in Sudan.
[19] I do find that you, you, one of your other fears, that is forward-looking, would be that you may be forced to go and serve in the military because military service is compulsory in, in Sudan.
[20] Therefore, based on the foregoing analysis, I find that you are a Convention refugee and I accept your claim.
———- REASONS CONCLUDED ———-