Citation: 2020 RLLR 109
Tribunal: Refugee Protection Division
Date of Decision: January 15, 2020
Panel: Daniel Mckeown
Counsel for the Claimant(s): Nasser Hashemi
Country: Iran
RPD Number: TB9-20704
Associated RPD Number(s): TB9-20750
ATIP Number: A-2021-00945
ATIP Pages: 000173-000175
DECISION
[1] MEMBER: I’ve considered the testimony and other evidence in this claim and I am now prepared to render a decision. The claimants are [XXX] and [XXX], they seek refugee protection against Iran pursuant to Sections 96 and 97 of the Immigration and Refugee Protection Act. For the following reasons the Panel finds that the claimants are Convention refugees and this claim is accepted.
[2] For ease of reference, where this decision makes reference to the claimant, that means the male claimant although these reasons apply equally to both claimants.
[3] This claim was based on the following allegations. The claimant became interested in Christianity when he visited an uncle in Romania. The claimant and his wife came to Canada in [XXX] 2018 for the claimant’s education. In [XXX] 2019 the claimant’s wife returned to Iran with their new born son. When she returned she encountered problems with authorities at the Iranian airport because her son was wearing a Christian cross. The son’s Canadian passport was confiscated and the claimant’s wife struggled for 4 months to have it returned. The claimant’s wife returned to Canada on [XXX] 2019. They immediately made their refugee claims, signing their Basis of Claims on [XXX] 2019.
[4] The identities of the claimants were established on the basis of their Iranian passports. The originals of which were ceased by the Minister.
[5] The Panel had two concerns about the credibility of this claim. First was that the claimant delayed seeking protection in Canada until [XXX] 2019, despite being here in Canada as a Christian convert since [XXX] 2018. Second the Panel was also concerned that the claimant’s wife returned to Iran with a Christian cross on her son, knowing that it could have caused problems. Regarding the delay to seek protection, the claimant explained that his wife was pregnant at the time they arrived and turning his mind to making a refugee claim was difficult with his wife’s pregnancy. Regarding the return to Iran, the claimants explained how the cross was covered under their son’s clothing and they simply did not think this would cause problems for them.
[6] While the Panel does have concerns, the Panel finds these explanations do somewhat mitigate the Panel’s concerns. The Panel does not find that these concerns ultimately undermine the credibility of this claim in its entirety or the presumption that the claimants have been truthful. In all of the respects the Panel did find that this claim is credible. The claimant spoke about his religious conversion to Christianity, he spoke about why he became interested in it, about why he continued to develop his faith and about how the faith has impacted his life. He spoke about the church he attended here in Canada, and the steps he has been taking to become baptized. The Panel found this evidence and testimony was compelling.
[7] Other than noted above, there were no inconsistencies in the evidence. The claimant was straight-forward, spontaneous, and elaborated with significant detail upon the allegations. Where the Panel did have concerns, they were either reasonably explained, or otherwise did not outweigh the evidence supporting this claim. The Panel has access to the National Documentation Package for Iran, incredible sources such as the US DOS report and UK Home Office reports for example. These sources make clear that apostacy in Iran is illegal and punishable by death even though the female claimant herself may not be Christian, these are the country conditions evidence. The Panel was also satisfied that the female claimant herself would potentially face significant risk given her husband’s conversion, and given the difficulties she has already encountered in Iran.
[8] Given that the Panel finds the claimant’s conversion is genuine, the claimants fit the profile of persons at high risk of persecution.
[9] Whereas the State is the agent of persecution, the claimants have rebutted the presumption that state protection would not be adequate and forthcoming. Excuse me. The claimants have rebutted the presumption that state protection would be adequate and forthcoming. Likewise, there is no location in Iran the claimants could go where they would not face a serious possibility of persecution.
[10] For all these reasons, the Panel finds that this claim is credible. The claimants fear is well-founded. The claimants face a serious possibility of persecution in Iran on a count of religion. The claimants are Convention refugees and this claim is accepted.
———- REASONS CONCLUDED ———-