Categories
All Countries Venezuela

2020 RLLR 143

Citation: 2020 RLLR 143
Tribunal: Refugee Protection Division
Date of Decision: November 2, 2020
Panel: Kerry Cundal
Counsel for the Claimant(s): Leonardo Jose Di Leone Velasquez
Country: Venezuela
RPD Number: VB9-08424
Associated RPD Number(s): VB9-08444, VB9-08453, VB9-08454
ATIP Number: A-2021-01106
ATIP Pages: 000169-000173

REASONS FOR DECISION

[1]       This is the decision of the Refugee Protection Division (RPD) in the claim of the principal claimant, [XXX] and his spouse, [XXX] as citizens of Venezuela and their two minor children, [XXX] and [XXX] as citizens of the United States of America (U.S.) who are claiming refugee protection pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection Act (the “Act“).[1] The claimants’ identities have been established on a balance of probabilities by copies of their passports.[2]

ALLEGATIONS

[2]       The claimants fear return to Venezuela because they fear persecution due to their political opinion, namely their opposition and political activities, including supporting the Action Democracy opposition party against the regime. The claimants provided further details in their Basis of Claim (BOC) forms.[3] The claimants provided corroborative documents including identity documents, membership in the Action Democracy political opposition party, letters of support and screenshots of social media posts against the current regime.[4] The panel has reviewed and applied the Chairperson’s Guideline on Women Refugee Claimants Fearing Gender-Related Persecution.[5]

Determination

[3]       The panel finds that the principal claimant and the associate claimant, his spouse, have established that they are Convention refugees pursuant to section 96 of the Act for the reasons that follow.

[4]       The panel finds that the two minor associate claimants are neither Convention refugees pursuant to section 96 nor persons in need of protection pursuant to subsection 97(1) of the Act for the reasons that follow.

Credibility and Well-Founded Fear of Persecution

[5]       The claimants testified in a straightforward and consistent manner, consistent with their BOC and supporting documents. The panel finds that the claimants are credible witnesses. The principal claimant and designated representative for his two minor children, the associate claimants, testified that they do not have any fears of return to the U.S. for their two American children. He confirmed that that they are citizens of the U.S. Accordingly, the panel finds that their claims fail under both section 96 and subsection 97(1) of the Act.

[6]       He testified that he fears that he will be imprisoned, beaten and killed because of his political opposition if he returns to Venezuela. The two adult claimants testified that they left Venezuela in 2004 due to the persecution and threats they suffered during the Chavez regime. They testified that they did not have citizenship, permanent residence and had never made an asylum claim in the U.S. The principal claimant testified that he was able to obtain renewable work permits during their time in the U.S. He testified that they never returned to Venezuela. The two adult claimants testified that they continue to be politically active through social media, helping with humanitarian aid for opposition in Venezuela and participating in protests against the Maduro regime in Miami where they were living. The female adult claimant testified that she also fears gender-based persecution including rape by security forces as she has seen media reports regarding female opposition members who have suffered this kind of persecution in Venezuela.

[7]       The objective evidence supports the claimants’ fear of return to Venezuela because of their political opposition to the current government. The objective evidence indicates that ‘”civilian authorities’ control over the security forces declined and was deeply politicized.”[6] There are no independent government institutions remaining today in Venezuela to act as a check on executive power and “a series of measures by the Maduro and Chávez governments stacked the courts with judges who make no pretense of independence. The government has been repressing dissent through often-violent crackdowns on street protests, jailing opponents, and prosecuting civilians in military courts. It has also stripped power from the opposition-led legislature.”[7]

[8]       Further, the objective evidence indicates that authorities persecuted political opposition in Venezuela:

The most significant human rights issues included extrajudicial killings by security forces, including government sponsored “colectivos”; torture by security forces; harsh and life-threatening prison conditions; widespread arbitrary detentions; and political prisoners. The government unlawfully interfered with privacy rights, used military courts to try civilians, and ignored judicial orders to release prisoners. The government routinely blocked signals, interfered with the operations, or shut down privately owned television, radio, and other media outlets. The law criminalized criticism of the government, and the government threatened violence and detained journalists critical of the government, used violence to repress peaceful demonstrations…[8]

[9]       Based on the totality of the evidence, the panel finds that the claimants have established a nexus to political opinion and that they would face a serious possibility of persecution because of their political opposition against the current regime.

State Protection and Internal Flight Alternative

[10]     Given that the state is the agent of harm, the panel finds that there is no state protection available to the claimants. Further, given the state’s capacity and ongoing interest in arbitrarily detaining and abusing citizens who oppose the government, the panel finds that the claimants would face a serious possibility of persecution throughout Venezuela and it is not objectively reasonable in all of the circumstances including their particular circumstances to relocate anywhere in Venezuela. Accordingly, the panel finds that there is no internal flight alternative available to the claimants.

CONCLUSION

[11]     For the forgoing reasons, the panel finds that the principal claimant and the associate claimant, his spouse, have established that they are Convention refugees pursuant to section 96 of the Act and the Immigration and Refugee Board of Canada therefore accepts their claims.

[12]     For the forgoing reasons, the panel finds that the two minor associate claimants are neither Convention refugees pursuant to section 96 nor persons in need of protection pursuant to subsection 97(1) of the Act and the Immigration and Refugee Board of Canada therefore rejects their claims.


[1] Immigration and Refugee Protection Act, S.C. 2001, c. 27.  

[2] Exhibit 1.

[3] Exhibit 2.

[4] Exhibit 4.

[5] Immigration and Refugee Board of Canada (IRB) Chairperson’s Guideline 4: Women Refugee Claimants Fearing Gender-Related Persecution, Ottawa, Canada, March 1993, updated November 1996.

[6]Exhibit 3, National Documentation Package (NDP), Venezuela, September 30, 2020, Item 2.1.

[7] Exhibit 3, NDP, Item 2.3.

[8] Exhibit 3, NDP, Item 2.1.