Categories
All Countries Pakistan

2020 RLLR 136

Citation: 2020 RLLR 136
Tribunal: Refugee Protection Division
Date of Decision: January 11, 2020
Panel: O. Adeoye
Counsel for the Claimant(s): Miranda Lim
Country: Pakistan
RPD Number: TB9-13712
Associated RPD Number(s):
ATIP Number: A-2021-01106
ATIP Pages: 000128-000133

DECISION

[1]       MEMBER:    I have considered your oral testimony and documentary evidence before me today and I am prepared to render my decision orally.

[2]       So the claimant, [XXX], 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.

DETERMINATION:

[3]       I find that the claimant is a Convention refugee on the Convention ground of his religion as per Section 96 of the Immigration and Refugee Protection Act.

ALLEGATIONS:

[4]       The claimant’s allegations are set out in full in his narrative and Basis of Claim Form which is attached to his Basis of Claim Form. So, I would not repeat them all here, but in brief the claimant alleges that he is a devout Ahmadi from Pakistan and that Mullahs and extremists from nearby towns and villages harassed his family and members of the Ahmadi community in general.

[5]       The claimant alleged that anti-Ahmadist laws were used at him and his family members and this increased in frequency.

[6]       He further alleges that he was physically assaulted, his firm was burned down and vandalised and that they were threats of extremist attacks again Ahmadi mosque, businesses, and other institutions in the city.

[7]       The claimant alleges that himself and his family members have faced lifelong discrimination and harassment in Pakistan because of their Ahmadi religion and that due to this persecution, his children all five of them don’t live in Pakistan anymore, they currently live in Canada and Germany.

[8]       The claimant left Pakistan on [XXX] 2019, and made a claim for refugee protection and made the claim for refugee protection in [XXX] 2019.

[9]       The claimant fears harm at the hands of the extremists and also the inability to practice his religion openly and freely without fear in Pakistan.

ANALYSIS:

PERSONAL IDENTITY:

[10]     I am satisfied on a balance of probabilities that the claimant has established his personal identity as a citizen of Pakistan based on a certified true copy of his Pakistani passport attached to Exhibit 1. I further find that the claimant is an Ahmadi based on the documentary evidence he submitted into evidence.

CREDIBILITY:

[11]     Overall, despite the claimant’s age, I found the claimant to be very credible witness on a balance of probabilities on what is core to his claim and also I found the claimant to be able to recall specific incidents that occurred over the years, this also includes incidents that relates to his persecution due to his religion as an Ahmadi from Pakistan.

[12]     I therefore believe what the claimant has alleged in support of his claim.

[13]     The claimant testified in a straightforward manner, there were no relevant inconsistencies in his testimonies or contradictions between this testimony and the other evidence before me that they were not satisfactorily explained.

[14]     The claimant provided sincere and heartfelt oral testimony about his beliefs and the persecution he faced in Pakistan. The claimant’s evidence is not internally inconsistent or implausible or contradicted by documentary evidence or country conditions in Pakistan.

[15]     In coming to my credibility findings, I also considered the numerous specific documents turn out into evidence by the claimant in support of his allegations.

[16]     The panel also does not have sufficient reasons to discount these documents which includes the claimant’s Ahmadi certificate, Ahmadi identity cards from Pakistan and Canada, Ahmadi donation receipts from Pakistan and Canada, Ahmadi executive appointment letter, Ahmadi [XXX] documents, various letters from the Ahmadi [XXX] contained in an old journal, photos with the Ahmadi [XXX], land ownership documents, claimant’s other identity documents.

[17]     Based on all the evidence before me which includes the testimony of the claimant which I found to be credible, I find on a balance of probabilities that the claimant has established his religious profile as an Ahmadi from Pakistan.

REAVAILMENT:

[18]     I had concerns about the claimant’s reavailment to Pakistan in 2008 and the panel therefore accepts the claimant’s explanation in regard to his re-availment and however finds that the claimant’s reavailment is not determinative of his claim.

[19]     I therefore find on a balance of probabilities that the claimant is credible, accept his allegations as credible and that the claimant has established his subjective fear.

WELL-FOUNDED FEAR, STATE PROTECTION AND INTERNAL FLIGHT ALTERNATIVE:

[20]     As it relates to the well-foundedness of the claimant’s fear of persecution, I find that claimant’s subjective fear has an objective basis based on the objective documentary evidence before me on which I would go over.

[21]     In this case, the claimant alleges that he suffered discrimination in daily life in Pakistan and that should he return to Pakistan he would continue to face the societal discrimination and be unable to openly and freely practice his faith without fear and will continue to be target for violence by extremist and Mullahs.

[22]     I find that these allegations are indeed supported by the mutual documentary evidence contained in the National Documentation Package.

[23]     According to the National Documentation Package, Ahmadis in Pakistan are discriminated against in law, also Pakistan laws prohibit Ahmadis from identifying themselves as Muslims.

[24]     Their freedom of religion has been curtailed by series of ordinances, acts and constitutional amendments.

[25]     Also when applying for passport Pakistanis are required to declare that the Mirza Ghulam Ahmad is an imposter prophet and therefore the followers are non-Muslims.

[26]     Ahmadis are also discriminated against by Pakistan society in general and sometimes are also targets for violence by extremists which include being accused of blasphemy.

[27]     According to Item 2.1 of the National Documentation Package, the executive summary sets out the current political and general human rights issues in Pakistan.

[28]     This report confronts that discrimination against religious minorities continued in 2008 in Pakistan and violence and social religious intolerance by militant organization and other non­governmental actors contributed to culture of lawlessness in some parts of the country.

[29]     Also, according to 2013 report, AHLC report attached to the National Documentation Package, the Pakistani government proactively victimizes Ahmadis socially, economically, and educationally.

[30]     According to 2015 report by FIDH, discrimination against Ahmadis is enforced through public policies limiting their access to education, professional opportunities and basic political and civil rights, such as pledging, which means if an Ahmadi applicant wishes to identify, that means an Ahamdi, okay, so I leave that.

VIOLENCE:

[31]     According to the HRCP that’s the Human Rights Commission of Pakistan, seven Ahmadis were killed in 2013 and 16 were assaulted, some were nearly fatal injuries on account of their faith also Al­-Jazeera reports that from January to August 2014, 13 Ahmadis were killed and 12 assaulted for practicing their faith in most were the result of targeted attacks on the individuals.

[32]     These documents clearly demonstrate that Ahmadis are discriminated against in law by society at large in Pakistan and as well are sometimes the targets for violence, abuse by Islamic extremists.

[33]     The document also suggests a recent trend of increasing violence against Ahmadis in Pakistan.

[34]     The aforementioned neutral sources support the claimant’s allegations that the claimant had a serious possibility of suffering serious harm if he were to return to Pakistan.

STATE PROTECTION:

[35]     I find that the claimant has established on a balance of probabilities that adequate State protection is not available to him. In this case above, the State is one of the agents of persecution.

INTERNAL FLIGHT ALTERNATIVE:

[36]     I find that there is no viable internal flight alternative for the claimant in Pakistan as the State is one of agents of harm.

CONCLUSION:

[37]     Therefore I determine that the claimant is a Convention refugee pursuant to Section 96 of the Immigration and Refugee Protection Act on the basis of his religion and I therefore accept his claim and I therefore find that the claimant is a Convention refugee.

[38]     This will conclude the hearing for today.

[39]     Madam Interpreter, so I said this will conclude the hearing for today, is there anything you need to summarize to him before I formally end the hearing?

[40]     INTERPRETER:      Yes, Member, I will summarise everything else and I will give him all the details of what you just said.

[41]     MEMBER:    Okay, can you go ahead.

[42]     CLAIMANT: Okay.

[43]     MEMBER:    Okay good, so I need to confirm your address, so I have [XXX] okay is that correct?

[44]     CLAIMANT: Yes, it is correct.

[45]     MEMBER:    [XXX], okay you will get a copy of the transcribed decision, so this will finally conclude the hearing, I am going to go off the record in the absence of any questions, concerns, okay, thank you everyone. Thank you Madam Interpreter.

[46]     INTERPRETER:      Thank you Member, thank you very much.

[47]     MEMBER:    Thank you so much, I will be going off the record.

[48]     INTERPRETER:      Thank you very much everyone.

[49]     MEMBER:    Thank you, bye, bye.

———- REASONS CONCLUDED ———-