Categories
All Countries Pakistan

2020 RLLR 44

Citation: 2020 RLLR 44
Tribunal: Refugee Protection Division
Date of Decision: September 25, 2020
Panel: D. Marcovitch
Counsel for the Claimant(s): John Savalgio 
Country: Pakistan
RPD Number: TB9-15066
ATIP Number: A-2021-00655
ATIP Pages: 000100-000105


REASONS FOR DECISION

[1]       The claimant, [XXX] claims as a citizen of Pakistan and seeks refugee protection pursuant to subsections 96 and 97(1) of the Immigration and Refugee Protection Act (“IRPA“).1

ALLEGATIONS

[2]       The claimant’s allegations are fully set out in his Basis of Claim (BOC) form2 and amendment.3 In summary, the claimant is a [XXX] man who was born to a Sunni Muslim family in Sialkot, Punjab province on [XXX]. He alleges a fear of persecution from the Sunni extremist group Lashkar-e-Jhangvi (“LeJ”) as a result of his conversion from the Sunni sect to the Shia sect and his active Shia religious practices.

[3]       On or about [XXX] 2019, the claimant traveled from [XXX]. Then, on or about [XXX] 2019 the claimant travelled from [XXX] Canada, via [XXX] and arrived in Canada on [XXX] 2019. On or about June 11, 2019, the claimant’s refugee claim was referred to the Refugee Protection Board (the “Board”).

DETERMINATION

[4]       I find that the claimant is a Convention refugee pursuant to s.96 of IRPA.

ANALYSIS

Nexus

[5]       I find that the claimant has a nexus to the Convention ground of religion, based on his allegations of having converted from the Sunni to Shia sect and consequent persecution alleged.

Identity

[6]       I accept, on a balance of probabilities, that the claimant is a citizen of Pakistan on the basis of his Islamic Republic of Pakistan passport4 which was seized by Immigration, Citizenship and Refugees Canada (IRCC) when the claim was filed.

[7]       Further, I also accept on a balance of probabilities that the claimant converted from the Sunni sect to the Shia sect of Islam, based on his testimony and support letters from friends, [XXX] officials, religious leaders and family. I find on a balance of probabilities that the letters from the claimant’s father and the [XXX] of the [XXX] that the claimant’s father belonged to, establish that the claimant was formerly a follower of the Sunni Islam sect.

Credibility

[8]       I had certain issues with the claimant’s credibility stemming from the fact that he paid the equivalent of approximately [XXX] CAD to an agent, while he was still working in [XXX] in order to secure Visa’s to various countries around the world, including Canada. I note that the claimant spent this money after converting to the Shia sect, but prior to having any threats made against his life in Pakistan. I asked the claimant why he would have spent [XXX] CAD to get the Visa’s if there were no threat to his life. The claimant testified that he did so just to be safe in case he experienced problems related to his Shia conversion or feared for his safety. I find that such an explanation is unreasonable in these particular circumstances. I find that spending such a significant amount of money for a ‘just in case’ situation where he would not have used the Visa’s if nothing transpired on his return to Pakistan, is implausible. I find on a balance of probabilities that the claimant spent [XXX] CAD to get the assistance of an agent and associated travel visa’s because it was always his intention to leave Pakistan even though he had not yet experienced any persecution at the time the Visa’s were acquired.

[9]       However, having made the above noted findings, I recognize that the above noted issues neither go to the core of the claim, nor should the implausibility finding, without more, lead to a negative decision.

[10]     While the above noted issues certainly raise questions, by inference, as to the credibility of the claimant’s allegations concerning what happened to him after he returned to Pakistan from [XXX], I find on a balance of probabilities that the claimant has provided sufficient corroborative evidence of his faith and activities once he was back in Pakistan, that I am unable to deny the credibility the allegations that go to the heart of his claim.

[11]     I note that the claimant provided hospital records and a First Information Report (“FIR”) that corroborate his allegations of having been attacked and injured after he left his [XXX] on [XXX] 2019. The claimant’s allegations in his BOC regarding this attack and the details contained in the FIR largely corroborate each other. The primary difference is that the FIR does not mention the LeJ as the claimant’s attackers, but rather as local, unknown extremist persons.

[12]     I also accept, on a balance of probabilities, that the claimant fled [XXX] and went to [XXX] prior to leaving Pakistan based on the support letter from [XXX], who the claimant stayed with in [XXX].

Well-Foundedness

[13]     There is considerable documentary evidence5 before the panel that supports the claim that there are significant problems in Pakistan for Shia Muslims in general and Sunni to Shia Converts in particular.

[14]     I note that in a Response to Information Request at NDP Item 12.56 it is stated that, “[s]ectarian violence in Pakistan has historically targeted individuals, places of worship, shrines and religious schools, however Shi’a traditionally represented a higher proportion of the casualties,” noting that Shia face threats from anti-Shia militant groups, including Lashkar-e­ Jhangvi (LeJ), which “seeks to have Shi’a declared ‘non-believers’ or apostates,” as well as from Sipah-e-Sahaba Pakistan (SSP), also known as Ahl-e-Sunnat-Wal-Jamaat (ASWJ), LeJ al-Alami, and other factions of the Tehrik-e Taliban Pakistan (TTP) (Australia 20 Feb. 2019, para. 3.99).” I find that the claimant’s fear of persecution in Pakistan is well-founded.

State Protection

[15]     The UNHCR Eligibility Guidelines For Assessing the International Protection Needs of Members of Religious Minorities From Pakistan7 dated January 2017, states, that “[T]he government has been criticized for failing to protect Shi’ite Muslims from attacks, and for allowing militant organizations to operate with impunity by failing to investigate and punish those responsible for violent attacks against Shi’ites in Pakistan.”

[16]     Further, the same UNHCR document notes that “[E]ven where the police have been present they have reportedly been unable to stop attacks; analysts have described the authorities as indifferent, incompetent or even complicit in the violence and discrimination against Shi’ites.”

[17]     As a result, and given that authorities in Pakistan did not appear to assist/protect the claimant beyond taking the FIR, I find on a balance of probabilities that the claimant did not receive adequate state protection in the past and nor would he receive it in the future. I find that the claimant has rebutted the presumption of state protection.

[18]     The claimant testified that should he return to Pakistan today, he would be killed by the LeJ or other extremist religious militant groups due to his Shia religious activities. Based on the evidence adduced, I find on a balance of probabilities that the claimant came to the attention of the LeJ and is currently being pursued to stop his Shia activities. I find that while the claimant has only recently become an active and outwardly practicing Shia convert in Pakistan, I find that the evidence suggests that the LeJ has been looking for him in locations other than his home town of Sialkot and they also have his photograph as shown on the placard for the [XXX] mourning event on [XXX] 2019. I therefore find that there is no Internal Flight Alternative for this claimant because the LeJ tracked him down to a friend’s house in Lahore and have therefore shown a continuing interest in the claimant.  Further, even if the claimant were able to safely relocate in the short term to Hyderabad, I find that his active faith and sponsorship of [XXX] activities would create a serious possibility that he would eventually be found and persecuted in the future.

[19]     Therefore, based on the totality of the evidence adduced, I find that there is more than a mere possibility that the claimant will be persecuted by religious militant groups on account of being a Sunni to Shia convert and perceived to be active in Pakistan’s Shia Muslim community.

[20]     In light of my finding that the claimant is a Convention refugee, it is unnecessary to consider his claim under s.97(1).

[21]     This claim is accepted.

(signed)           D. Marcovitch

September 25, 2020

1 The Immigration and Refugee Protection Act, S.C.2001, c. 27, as amended by the Protecting Canada’s Immigration System Act, S.C. 2012, c.17 (the “Act” or “IRPA”).
2 Exhibit 2.
3 Exhibit 7
4 Exhibit 1.
5 Exhibit 3, National Documentation Package (NDP) for Pakistan (March 31, 2020) and Exhibit 5.
6 Exhibit 3, NDP (March 31, 2020), tab 12.5: Situation and treatment of Shia [Shi’a, Shi’i, Shiite] Muslims, including Hazaras and Turi, particularly in Lahore, Karachi, Islamabad, and Hyderabad; state response to violence against Shias (2017-January 2020). Immigration and Refugee Board of Canada. 15 January 2020. PAK106393.E.
7 Exhibit 3, NDP for Pakistan (March 31, 2020), item 1.8, at p. 54.