Citation: 2020 RLLR 183
Tribunal: Refugee Protection Division
Date of Decision: June 17, 2020
Panel: Julie Morin
Counsel for the Claimant(s): Loujin Khalil
Country: Egypt
RPD Number: MB9-15775
Associated RPD Number(s): N/A
ATIP Number: A-2020-00518
ATIP Pages: 002320-002324
REASONS FOR DECISION
INTRODUCTION
[1] These are the reasons for the decision in the claim of XXXX XXXX XXXX XXXX XXXX, who claims to be a citizen of Egypt, and is claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[2] This claim has been decided without a hearing, according to the Immigration and Refugee Board’s Chairperson’s Instructions Governing the Streaming of Less Complex Claims at the Refugee Protection Division (RPD) and paragraph 170(f) of the Act.
ALLEGATIONS
[3] You allege the following. You were a businessman in Egypt and you provided support to the Muslim Brotherhood movement in your region during the 2011 revolution. You also participated actively in the electoral campaign in support of the Muslim Brotherhood candidates.
[4] You officially joined the Freedom and Justice Party in May 2011 and you worked closely with the secretary general of the Rami District for the Freedom and Justice Party.
[5] In 2015, you joined the Association of Journalists against Corruption. The association created a website as a mean of denouncing those engaged in corruption. You said that you did not write articles because you are not a journalist, but you organized secret seminars, meetings and you printed some publications.
[6] You say that your problems started in 2019, as the regime was monitoring the actions of the association. On XXXX XXXX XXXX 2019, you shared a video on Facebook that was posted by a friend of yours who is a well-known opponent living in Greece. He is a member of the “6 of April movement”.
[7] On XXXX XXXX XXXX 2019, you were arrested inside your company and taken into detention for five days. During that time, you were insulted and interrogated about your activities. You were also threatened of torture and sexual assault if arrested again.
[8] After your release, you continued your activities as you wanted to confront the articles of the Constitution passed in March 2019 which increased the presidential powers.
[9] After you published a comment on Facebook on XXXX XXXX XXXX 2020, criticizing the military, on XXXX XXXX XXXX 2020, security forces raided your apartment during the night, scaring your family. You were taken for interrogation and were tortured. Then, the security forces proposed to you to cooperate with them in exchange for your release. You accepted as you feared for your life. You were released on XXXX XXXX XXXX 2020.
[10] You left Egypt on XXXX XXXX XXXX 2019, and you came directly to Canada as you had a valid Canadian visa. You did not want to cooperate with the Egyptian security forces by informing them about your friends’ meetings and plans. You came to Canada and asked the Canadian authorities for protection.
DETERMINATION
[11] I find that you are a “Convention refugee” as you have established a serious possibility of persecution should you return to Egypt based on the grounds in Section 96.
ANALYSIS
Identity
[12] I find that your identity as a national of Egypt is established by the copy of your passport.
Credibility
[13] Based on the documents in the file, I have noted no serious credibility issues. In particular, the evidence establishes the allegations as set out above: C1 is your membership card to the Freedom and Justice Party and C5 is a certificate of appreciation from the party, the evidence confirms your membership and activities within the Freedom and Justice Party. Exhibit C2 is the Association of Journalists against Corruption membership card and confirms that you joined this association; C3 and C4 are messages from Facebook confirming that you were active in the social media opposing the Egyptian government; C7 is a legal document confirming that you had been detained on XXXX XXXX XXXX 2019; After reviewing the documents, I have no reasons to doubt their authenticity.
Objective basis of future risk
[14] Based on the credibility of your allegations, and the documentary evidence set out below, I find that you have established a future risk that you will be subjected to the following harm: arrest, detention, torture and death.
[15] The fact that you face this risk is corroborated by the following documents. Tabs 1.4 and 1.5 corroborate the fact that the Muslim Brotherhood (MB) and its Freedom and Justice Party were banned in 20141. Tab 1.5 corroborates that the authorities arrest people for alleged MB ties on a regular basis2. The arrests, detention, disappearance, torture, execution of Muslim Brotherhood members by the authorities are corroborated by tabs 2.1, 2.2, 2.3, 2.4, 2.5, 2.7, 2.8. Tab 1.4 corroborates that those with family links to members face a risk of arrest and prosecution and all persons with Muslim Brotherhood links are likely to be subjected to surveillance and monitoring of their activities3.
Nature of the harm
[16] This harm clearly amounts to persecution.
State protection
[17] I find that there is clear and convincing evidence before me that the state is unable or unwilling to provide you with adequate protection. Judges are the primary tools in the repression of political opponents4; also, most defendants were sentenced after mass trials that violate fundamental due process rights, and some courts relied on confessions extracted under torture5.
Internal flight alternative
[18] 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. In light of the evidence quoted above regarding the Justice and Freedom Party, and also taking into your specific situations, I do not believe that you will be able to establish yourself safely in Egypt.
CONCLUSION
[19] Based on the analysis above, I conclude that you are a “Convention refugee”. Accordingly, I accept your claim.
(signed) JULIE MORIN
June 17, 2020
1 National Documentation Package, Egypt, 31 March 2020, tab 1.4: DFAT Country Information Report: Egypt. Australia. Department of Foreign Affairs and Trade. 17 June 2019. Tab 1.5: Country Information and Guidance. Egypt: Background information, including actors of protection and internal relocation. Version 2.0. United Kingdom. Home Office. July 2017.
2 National Documentation Package, Egypt, 31 March 2020, tab 1.5: Country Information and Guidance. Egypt: Background information, including actors of protection and internal relocation. Version 2.0. United Kingdom. Home Office. July 2017.
3 Supra, note 1.
4 National Documentation Package, Egypt, 31 March 2020, tab 1.6: Country Policy and Information Note. Egypt: Muslim Brotherhood. Version 3.0. United Kingdom. Home Office. July 2017.
5 Idem.