Citation: 2020 RLLR 178
Tribunal: Refugee Protection Division
Date of Decision: January 21, 2020
Panel: Randa Mekhael
Counsel for the Claimant(s): Marc J Herman
Country: Egypt
RPD Number: TB8-32026
Associated RPD Number(s): TB8-32090, TB8-32091
ATIP Number: A-2020-00518
ATIP Pages: 000793-000795
DECISION
[1] MEMBER: These are the reasons, the oral judgement for XXXX XXXX XXXX XXXX and her two children, XXXX XXXX XXXX and XXXX XXXX XXXX who claim to be citizens of Egypt and are claiming refugee protection pursuant to Section 96 and 97(1) of the Immigration and Refugee Protection Act.
[2] In rendering my decision, I considered the Chairperson’s Guidelines on Women Refugee Claimants Fearing Gender-Related Persecution. And I note that XXXX was the designated representative for both minors.
[3] With respect to your allegations, they are documented in the Basis of Claim form, Item 2.1, 2.2 and 2.3. And I’m not going to repeat them in this oral judgement.
[4] Just bare-, very briefly, I just want to mention that you fear return to your country because of the domestic abuse that you had suffered at the hands of your former husband. And because of your fear of your uncle, XXXX XXXX XXXX and specifically, his profile and strong beliefs in extreme Islamic views.
[5] With respect to your identity, I accept your personal identity as a national of Egypt as well as your children based on certified true copies of your passports.
Credibility
[6] I found you to be a credible witness who testified in a straightforward and spontaneous manner. You, you were asked many questions with respect to your former relationship with your spouse. Sorne of the incidents that had happened in Egypt at the hands of your uncle and your former husband. And with respect to evidence that you provided, including the police report from your father. And the letter of support for your sister. There were no inconsistencies or contradictions.
[7] Sorne of the evidence that you provided today are not included in your Basis of Claim form. And you were asked about that and you had explained that you had only received knowledge of those incidents after you had made your refugee claim. I’m not drawing any negative inferences with respect to your omission about the continuing interest from your uncle after your departure to Canada. My understanding from your oral testimony and your written testimony is, is that although you feared both these men in Egypt, it seems that your, that your biggest fear was born out of the threats that you received towards yourself and both your children from your maternal uncle XXXX XXXX XXXX.
[8] I, I, I, the objective evidence supports that there are persons that have extreme views in Egypt. Based on your detailed narrative and your oral testimony today, I am, I have no reason to doubt the veracity of your testimony. And I accept that you were a victim, you and your children were both victims of a threat at the hands of your uncle in Egypt. You provided numerous supportive documents in support of your claim that were also consistent. And that includes a report from the Scarborough Hospital that repeats or provides similar information with respect to the harm that you suffered at the hands of your uncle. And it also refers to the abuse that you, the physical and verbal abuse you suffered at the hands of your former husband. This is found in Exhibit 6.
[9] With respect to the well-foundedness, the objective basis in Egypt it is well documented that domestic violence including spousal viol-, violence and violence at the hands of family members in Egypt is widespread. This information is also included in the disclosures provided by your counsel that talked about the prevalence of violence against women.
[10] Documents show that 30% of Egyptian married women suffer from spousal violence. This is consistent also with the USDOS report found in Item 2.1. It’ s also indicated, this information is echoed in Item 5.5 which is an RI Report in Egypt that talks about the spousal violence in Egypt. I note that according to the Freedom House there’s very few mechanisms that are in place to protect women and offer adequate support. And there’s some restrictions or conditions that require you to bring witnesses or have proof even just for you to have a medical or to, to, to, to go to the police station in Egypt. Which is largely ineffective in terms of the implementation of actually offering protection to women that are similarly situated to you.
[11] I’m not going to get into all of the objective evidence but I, I am, I am satisfied that in your personal circumstances, given the profile of specifically your uncle, alone that you would be, that there would be no state protection that would be forthcoming to you. I also do not feel that there would be, you would be safe anywhere else in Egypt given the profile of your uncle. And his motivation to pursue you even after you left Egypt. Based on items found in Exhibit A-, Exhibit 8.
[12] So, for all those reasons, I, I am accepting you as a refugee claim. And I find that you ar-, you and your children are, merit to be Convention refugees in Canada. Okay. And I’m accepting your claim.
———- REASONS CONCLUDED ———-