Citation: 2020 RLLR 110
Tribunal: Refugee Protection Division
Date of Decision: March 6, 2020
Panel: Carol-Ann Gibbs
Counsel for the Claimant(s): Mohamed Mahdi
Country: Sudan
RPD Number: TB9-22298
Associated RPD Number(s):
ATIP Number: A-2021-00945
ATIP Pages: 000176-000178
DECISION
[1] MEMBER: This is a decision in the claim of refugee protection made by [XXX]. The claimant is a citizen of Sudan and is claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act based on a political opinion. I find that you are a Convention refugee for the following reasons.
[2] Regarding the allegations, these are noted in your Basis of Claim form, the following is just a very short summary. You are a young man from Khartoum having studied and worked as a [XXX]. You have recently, last summer been involved-, been interviewed by the BBC and critically spoke of the government, the Sudanese Government. At the time you were temporarily living in Cairo, you heard from your family member shortly after that interview that the authorities were aware of your comment and you were then afraid to return back to your country. You traveled to the US and then shortly after that you came to Canada and made a refugee claim. You’ve provided many more details in your file, that’s just a short summary for the purpose of the reasons.
[3] Regarding your identity. Your identity as a national of Sudan was established by your testimony and the supporting documents filed such as your passport. Your identity as a [XXX] was established by documents provided such as [XXX] that you were involved in and some [XXX] of that [XXX] on the [XXX] that you did in [XXX]. Your identity as political opponent was established by your testimony, you clearly detailed your position regarding the Sudanese Government in various recent events in the country. As well your interview transcript, I think you provided and some of your social media postings also reflects that opposition to the government.
[4] Regarding credibility, I found you to be a credible witness. The only concern I had was your failure to claim in the US. You know, your brothers there, your safe in the US, they do have a functioning asylum system, not that speedy but still its there. But that’s not enough to fail your claim. Okay, it’s the only concern that I had. As well as I’ve mentioned you provided proof of your activities as a journalist and your position is clear regarding the government. And your fear of returning to Sudan is supported in the documentary evidence, this is the objective reports that I have on the human rights situation in Sudan today. I note from the documentary evidence and this is at Exhibit 3, Item 2.1 that the Sudanese government re-
[5] MEMBER: Can you understand my English? Do we still need the interpreter or do you want him?
[6] CLAIMANT: No, I understand you.
[7] INTERPRETER: Okay.
[8] MEMBER: Okay. Mr. Interpreter you can take off if you want? Do you want to go and have your break now?
[9] INTERPRETER: That’s fine, I can go.
[10] MEMBER: Okay, okay. It’s up to you.
[11] INTERPRETER: If you want to remain just in case of something.
[12] MEMBER: Sure, sure. We are almost finished anyway but you don’t need to interpret. I knew that his English was-, was pretty good.
[13] Okay, so along as you can understand me, I’m just going to let you know and you already know this anyway that Sudanese Government restricts political participation, uses lethal force against demonstrators and detainees. Security force has detained and physically abused political opponents without charge. Recent reports in our NDP package at Exhibit 3 talks about the Sudanese authorities monitoring-, this is at 4.18, authorities monitor online political activity. I also have many, many reports from Amnesty International, Human Rights Watch that talk about Jack of freedom for [XXX] and that [XXX] who were speaking out are harassed, are arrested, are detained without charge, are taken to unknown locations and really treated quite harshly if they are speaking out publicly regarding the government. So, your fear of returning to Sudan given the person that you are and are known to be is supported in the objective evidence.
[14] Regarding state protection, I find that you have rebutted the presumption of state protection. In your case, the agent of persecution is the State. And we know from the documentary evidence that the Sudanese Government ranks very, very poorly internationally under freedoms and they certainly haven’t been able to deal with abuses committed by their authorities. So even if you were to complain about how the security forces were treating you, it doesn’t seem that there’s any recourse available for you that’s adequate in Sudan today.
[15] Regarding an internal flight alternative, again I don’t find that there’s anywhere safe or reasonable that you could locate in Sudan where you would be safe from the State. Again, the agent the persecution in the State.
[16] In conclusion, having considered all of the evidence, I find you have established a serious risk of persecution. I find that you are a Convention refugee and I accept your claim.
———- REASONS CONCLUDED ———-