Citation: 2020 RLLR 190
Tribunal: Refugee Protection Division
Date of Decision: September 25, 2020
Panel: M. Moc
Counsel for the Claimant(s): Peter R. Neill
Country: Iran
RPD Number: TB8-29619
Associated RPD Number(s): N/A
ATIP Number: A-2020-00859
ATIP Pages: 003619-003623
REASONS FOR DECISION
[1] These are the reasons for the decision in the claim of Mr. XXXX XXXX who claims to be a citizen of Iran and is seeking refugee protection pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection Act (IRPA).i
DETERMINATION
[2] The panel finds that the claimant is a Convention refugee under section 96 of IRPA for the following reasons.
ALLEGATIONS
[3] To summarize the allegations in the Basis of Claim (BOC)ii dated November 7, 2018, the claimant fears harm at the hands of the Iranian authorities as a convert from Islam to Christianity. With relatives in Canada, the claimant made two previous trips before seeking refugee protection during his third family visit. In Iran, the claimant had been studying the Bible in secret with a friend until the friend left for the United Kingdom to flee religious persecution a few years ago. Shortly after arriving in Canada in XXXX 2018, the claimant embraced the freedom to explore Christianity and began attending church. Despite attending various church services and Bible classes, in both Farsi and English, for several months, the claimant felt that should be “searching and learning more” before being fully ready to answer the call of Jesus Christ and be baptized.
[4] The claimant fears persecution in Iran on the basis of religion as a convert from Islam to Christianity. He also alleges that he would not be able to practise his religion safely and openly, fearing arrest by state officials, if he were to return to Iran.
ANALYSIS
Identity
[5] The claimant’s identity as a national of Iran has been established by his testimony, and by a valid Islamic Republic of Iran passport that was seized by IRCC (formerly CIC).iii
Credibility
[6] The panel found the claimant to be a credible witness overall. When confronted with the panel’s concerns regarding his reavailment from Canada to Iran in 2015 and 2016, the claimant responded that he had not realized the seriousness of the risk he might face in Iran. It was only when his Christian friend fled to the U.K after arrest and interrogation by the Iranian authorities that the claimant knew he would have to stop his religious activities. The panel accepts this explanation for the claimant’s reavailment to Iran as satisfactory.
[7] The claimant was questioned on his religious practice in Iran and in Canada, including his initial motivation and gradual acceptance of Christianity as his own faith; his testimony was consistent with the Basis of Claim allegations, refugee intake forms, and corroborated by the personal documentsiv produced as part of the claim.
[8] In support of his religious identity and church involvement in Canada, the claimant submitted three letters: from his friend now residing in the U.K.; from his Farsi-speaking pastor; and from Pastor XXXX XXXX of XXXX XXXX XXXX XXXX, confirming the claimant’s church membership, Bible study, and fellowship participation.
[9] On XXXX XXXX, 2020, counsel submitted post-hearing documents in the form of a baptism certificate, dated XXXX XXXX, 2020, from the pastor of The Living Room Church, the disclosure and acceptance by the RPD had been significantly delayed until XXXX 2020 as a result of the COVID-19 business shutdown.v
[10] Considering the totality of the evidence, the panel finds that there is credible and trustworthy evidence before it that the claimant has established, on a balance of probabilities, his profile as a practising Christian.
[11] As religion forms a basis for refugee claims, as per section 96 of IRPA, the test is whether there is a serious possibility of persecution should the claimant return to Iran. The panel finds, based on the evidence before it, that he has met that test.
State protection
[12] The panel has before it the National Documentation Package (NDP) for Iran,vi which contains a substantial amount of objective documentary evidence on religious persecution in that country.
[13] The U.K. Home Office report, in particular, indicates that
Christians who have converted from Islam are considered apostates – a criminal offence in Iran. Sharia law does not allow for conversion from Islam to another religion, and it is not possible for a person to change their religious affiliation on personal documentation. There are reports of some Christian converts (and sometimes their family members) facing physical attacks, harassment, threats, surveillance, arrest, detention, as well as torture and ill-treatment in detention.vii
[14] Christians attending house churches in Iran may also be arrested for “being a threat to national security … This goes both for low profile cases, and if you are a house church leader.”viii The panel has before it a report on several “Christian converts from Islam who have been imprisoned in XXXX, Iran on account of their faith” and who are currently serving sentences, or facing charges, for “‘action against national security’ and ‘propaganda against the order of the system’.”ix
[15] The panel finds that the objective documentary evidence cited above on the persecution of Christians—and especially converts to Protestant forms of Christianity, as is the case with the claimant’s established membership in a Protestant church in Canada—supports the claimant’s allegations, and that he has rebutted the presumption of state protection as a Christian convert should he return to Iran.
[16] The panel also finds that there is no viable internal flight alternative available to the claimant anywhere in Iran, as he would be prevented from practising his religion safely and openly by agents of the state throughout the country.
CONCLUSION
[17] Based on the above findings, the panel determines that the claimant has established that there is a serious possibility of persecution if he were to return to Iran.
[18] The panel therefore concludes that the claimant is a Convention refugee under section 96 of IRPA and accepts the claim.
(signed) M. Moc
September 25, 2020
i Immigration and Refugee Protection Act, S.C. 2001, c. 27, as amended, sections 96 and subsection 97(1).
ii Exhibit 2.
iii Exhibit 1, package of information from the referring CBSA/CIC.
iv Exhibit 6, personal documents.
v Post-hearing documents.
vi Exhibit 3, National Documentation Package, Iran, 31 March 2020.
vii Ibid., item 12.5.
viii Ibid., item 12.10.
ix Ibid.