Citation: 2020 RLLR 185
Tribunal: Refugee Protection Division
Date of Decision: June 17, 2020
Panel: Julie Morin
Counsel for the Claimant(s): Jacqueline J Bonisteel
Country: Egypt
RPD Number: MB9-18376
Associated RPD Number(s): N/A
ATIP Number: A-2020-00518
ATIP Pages: 002334-002338
REASONS FOR DECISION
INTRODUCTION
[1] These are the reasons for the decision in the claim of XXXX XXXX XXXX XXXX who claims to be citizen of Egypt, and is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act (the 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 allege that you obtained a XXXXofXXXX XXXX from the University of XXXX. You started to be involved in the community while you were studying. Then after graduation, you became involved politically. In 2006, you participated in a demonstration against the government and you were arrested and detained for several weeks.
[4] Most recently, you participated in the peaceful demonstrations in Tahir Square until the fall of Mubarak in February 2011.
[5] In XXXX 2012, you joined the Freedom and Justice Party and you participated in several activities for the party, such as educating citizens about their political rights and supporting candidates in the elections.
[6] In XXXX 2013, you participated in the demonstration at Rabaa Al-Adawiya Square to denounce and reject the military coup that pushed out of power the President Morsi in 2013.
[7] In XXXX 2016, you were arrested and accused by the authorities of belonging to the Freedom and Justice Party and being part of the Muslim Brotherhood. In detention, you were beaten, insulted and physically as well as psychologically assaulted.
[8] While you were being questioned, you were force to give your home address. Sorne officers went to your home while your wife and children were there. They destroyed contents of your apartment and took documents and money.
[9] You were detained for a month. The authorities threatened to detain you again if you publish anything against President El-Sisi. They also asked you to report on a weekly basis to the police station.
[10] In XXXX 2018, you went to Germany. You thought you would be safe to travel back and forth from Egypt to Germany. However, when you came back to Egypt, you were arrested at the airport because your name had appeared on a “wanted” list. The officers confiscated your mobile phone and your laptop. They were able consequently to access your Facebook account and were able to track your search history. You were physically and psychologically abused and threatened.
[11] After a week, they released you without charges and confiscated your passport. You were able to get your passport back with the help of a relative who intervened for you.
[12] You tried to leave the country afterwards, but you were told at the airport that you did not have the authorization to leave the country. You were detained again in XXXX 2019 without charged against you. A National Security Officer threatened to kill you, if you wrote anything negative about Egypt.
[13] You had obtained a Canadian visa in XXXX 2018. You decided to leave Egypt in 2019 and this time, a relative of yours was able to facilitate your departure from Egypt by bribing the authorities. You arrived in Montreal on XXXX XXXX XXXX 2019 and you filed a refugee claim with the Canadian authorities shortly afterwards. You say that you continue in Canada to publish political posts against the government on social media.
DETERMINATION
[14] I find that you are “Convention refugee” as you have established a serious possibility of persecution should you return to Egypt based on the grounds in section 96 of the Act.
ANALYSIS
Identity
[15] I find that your identity as a national of Egypt is established by the documents provided, namely your passport.
Nexus
[16] I find that you have established a nexus to section 96 by reason of political opinion.
Credibility
[17] 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: Document 7, the copy of your certificate of graduation and transcript from the XXXXofXXXX XXXXofXXXX XXXX University confirm your professional credentials; Documents 8 to 10 confirm your political participation, i.e. a copy of your membership card from the Freedom and Justice Party; printouts of your Facebook and pictures of you in demonstrations in Canada confirm that you are still active politically; Documents 11 to 15 support your allegations related to your multiple detentions in Egypt, i.e. a copy of your Egyptian criminal records, the certificate extracted from Record of Misdemeanors, the investigation record from Ain Shams Police Station, a letter from you legal counsel and a letter from the friend confirming the problems you had at the airport over the years. After reviewing the documents, I have no reasons to doubt their authenticity.
Objective Basis of Future Risk
[18] 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: detention, torture, death.
[19] The fact that you face this risk is corroborated by the following documents: National Documentation Package f-r Egypt – September 30, 2019 Version: The Muslim Brotherhood and its Freedom and Justice Party were banned in 2014 (tabs 1.4 and 1.5) and the Freedom and Justice Party is still banned in Egypt (tab 2.1); The authorities arrest people for alleged Muslim Brotherhood ties on a regular basis (tab 1.5); arrests, detention, disappearance, torture, execution of individuals affiliated or accused of being affiliated to the Muslim Brotherhood: tabs 2.1, 2.2, 2.3, 2.4, 2.5, 2.7, 2.8.
Nature of the Harm
[20] This harm clearly amounts to persecution.
State Protection
[21] 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 opponents (tab 1.6); also, most defendants were sentenced after mass trials that violate fundamental due process rights, and some courts relied on confessions extracted under torture (tab 1.6).
Internal Flight Alternative
[22] 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 the problems you have had with the authorities over the years, I do not believe that you will be able to establish yourself safely in Egypt.
CONCLUSION
[23] Based on the analysis above, I conclude that you are “Convention refugee”. Accordingly, I accept your claim.
(signed) JULIE MORIN
June 17, 2020