Categories
All Countries Egypt

2020 RLLR 179

Citation: 2020 RLLR 179
Tribunal: Refugee Protection Division
Date of Decision: January 30, 2020
Panel: Paulina Gueller
Counsel for the Claimant(s): Diane B. Coulthard
Country: Egypt
RPD Number: TB9-15833
Associated RPD Number(s): TB9-15834, TB9-15835
ATIP Number: A-2020-00518
ATIP Pages: 000957-000960

DECISION

[1]       MEMBER: I have considered your testimony and the other evidence in the case and I’m ready to render my decision orally. These are the reasons for the decision in the claims of XXXX XXXX XXXX XXXX, a 33-year-old woman and her two children, XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX who claim to be citizens of Egypt and are claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act. I have appointed XXXX XXXX XXXX XXXX as designated representative for the minor children, XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX.

Allegations

[2]       You alleged that you fear persecution by the Egyptian authorities because your Nubian ethnicity and your active membership with the Nubian community. You allege that the Nubian community believes that the current regime in Egypt has taken Nubian lands contrary to what was promised to them in the 2014 Constitution. In 2008, you moved from Egypt to Kuwait and you became an active member of the Nubian organization in Kuwait. In 2012, you became a member of the Nubian General Union in Egypt that tried to find solutions to the Nubian problems. On June 12th, 2018, while you were visiting your family in Aswan, Egypt, you attended a meeting to discuss a new law that authorized the Egyptian government to take land from Nubians in upper Egypt.

[3]       Police officers entered the home where you gathered and tooked-, took you to the police station and the other 4 members. The police interrogated you and after about 4 hours of detention, when the police was going to transfer you somewhere else, you were able to escape from their custody. After hiding for 5 days in different family members’ homes, you went to Cairo and finally returned to Kuwait on XXXX XXXX, 2018. Your employment and temporary residency visa in Kuwait terminated in December 2018. Because you were afraid of going back to Egypt, you flew to the United States and crossed the border into Canada, making a port of entry asylum claim in XXXX XXXX XXXX 2018. You fear Egyptian authorities should you return to Egypt and that’s because of your activities on behalf of the Nubian community. You alleged that your two children are not being persecuted but you fear for their education and because the government may potentially use them to pro-, apprehend you.

Determination

[4]       I found that you are a Convention refugee as you have established a serious possibility of persecution on account of your membership to a particular social group as a Nubian.

ANALYSIS

Identity

[5]       I find that your identity as a national of Egypt is established by your testimony and the supporting documentation filed, including the copy of your passports at Exhibit 1. You stated that you do not have any permanent status in Kuwait as you only had a temporary working visa that ended when your employment was terminated. You also confirmed that you have no permanent resident or citizenship status in any other country other than Egypt.

Credibility

[6]       The determinative issue in this case are credibility and state protection. In making this assessment, I have considered all the evidence including your oral testimony and the documentary evidence entered (inaudible). I find you to be credible-, I find you to be a credible witness and therefore believe what you allege in support of your claim. You testified in a straightforward manner and there were no relevant inconsistencies in your testimony or contradictions within your testimony and the other evidence before me which have not been sa-, satisfactorily explained. You testified with clear and convincing evidence about your claim. You were spontaneous with details about your background and knowledge of Nubian nationality. You also provided details of the discrimination that Nubians have been suffering in Egypt. You also testified that one person that was arrested with you on XXXX-, on June 12th is still in detention. You provided corroborating doctum-, documentation to support the core aspects of the claim.

[7]       A letter from Al-, Alaqi Association in Kuwait acknowledging your membergy-, membership. Alagi is A­-L-A-Q-I. Your Nubian membership card from the General Nubian Union, marriage certificate and authorization from your husband to travel with your children to Canada, a notice against you issued by the Egyptian authorities to appear to a hearing to be held on August 15, 2018 in Aswan, Egypt that states you are a fugitive. After reviewing the documents, I have no reasons to doubt their authenticity. They corroborate that you are an active member of the Nubian Association, you have been arrested by the police and the Egyptian authorities are persecuting you. Further, I accept you are a Nubian person persecuted by the Egyptian authorities, therefore, I find on a balance of probabilities you have established that you are a member of the Nubian community and you have a subjective fear of persecution if you return to Egypt.

Objective Basis and State Protection

[8]       The objective documentary evidence describing the current treatment of Nubians in Egypt recognizes that Nubians face discrimination and some harassment. They were displaced from their homeland in the 1960’s and that they may face further forced displacement due to a new government decrease concerning land ownership. The documentation also indicates that the Egyptian government had been making changes to advance the situation of minorities including Nubians but that the government had not yet followed through on certain promises affecting the Nubian minority and that they continue to be blocked from living in certain areas of their traditional territory.

[9]       Nubian activist had been arrested and detained as a result of their activism to protect the people’s rights, therefore I find your allegations are corroborated by the objective evidence and more specifically, the National Documentation Package which states at Tab 2.1 that Nubians from upper Egypt face discrimination and persecution by security forces, especially, active members who participate in protests. In November 2017, six Nubians members were charged with gathering illegally, protesting without a permit and attacking security forces after being detained by police on their way to protest the new presidential decree concerning land ownership. When I take all that into consideration, you have demonstrated elements that are sufficient for me to consider you a Convention refugee because of the persecution you would face for belonging to the minority Nubian community and your political opinions that the State would perceive you have. So considering all that, you have demonstrated a well-founded fear of persecution based on your race or ethnicity and your perceived political opinions.

State Protection

[10]     I find that it would be objectively unreasonable for you to seek the protection of the State in light of your particular circumstances as well the evidence cited above, especially considering that the State is the agent of persecution in your case, therefore , there’s no state protection available to you.

Internal Flight Alternative

[11]     I have considered whether a viable internal flight alternative exists for you. On the evidence before me, I find that there is a serious possibility of persecution throughout Egypt as the Egyptian government is the agent of persecution.

CONCLUSION

[12]     Based on the analysis above, I conclude that XXXX XXXX XXXX XXXX is a Convention refugee. Accordingly I accept your claim. The two minors. You allege that your two children are not being persecuted but you fear for their education and because the government may potentially use them to apre-, apprehend ye-, yourself. You also explained that no one in Egypt was going to take care of them. I find that on a balance of probabilities, there’s insufficient evidence that the children face a serious possibility of persecution in Egypt if they were there, therefore, based on the analysis above, I conclude that the two minors, XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX are not Convention refugees under Section 96 of the IRPA or persons in need of protection within the meaning of Section 97(1)(a) or (b) of the IRPA. Accordingly I reject their claims.

———- REASONS CONCLUDED ———-