Citation: 2020 RLLR 85
Tribunal: Refugee Protection Division
Date of Decision: March 11, 2020
Panel: Lesley Stalker
Counsel for the Claimant(s): Rasik Shah
Country: Iran
RPD Number: VB9-04273
Associated RPD Number(s): VB9-04292, VB9-04293
ATIP Number: A-2021-00800
ATIP Pages: 000164-000170
DECISION
[1] MEMBER: This is the decision of the Refugee Protection Division in the claims of [XXX], the principal claimant and her children [XXX], associated claimant and [XXX] the minor claimant. The claimants are citizens of Iran who are claiming refugee protection pursuant to Section 96 and Subsection 97(1) of the Immigration and Refugee Protection Act.
[2] In rendering these reasons, I considered and applied Chairperson’s Guideline 4 on Female Refugee Claimants Fearing Gender-Based Persecution and Chairperson’s Guideline 3 on Child Refugee Claimants Procedural and Evidentiary Issues. At the outset of the hearing, I maintained the designation of the principal claimant as the designated representative for her minor daughter, [XXX] Her son [XXX] turned [XXX] years old in [XXX] 2019 and so does not require a designated representative.
Allegations
[3] The principal claimant fears gender-based persecution on the basis of her objection to strict gender-based roles for women in Iran. She is a painter and a poet who has used her art to decry what she has described as the tyranny of the Islamic regime against women. She says she endured two loveless arranged marriages which left her both broke and broken.
[4] She also fears persecution on the basis of her religious beliefs and her imputed political opinion. The associated claimant [XXX] fears persecution due to his religious beliefs and his political beliefs. He says he believes in God but does not follow a particular religion. He rejects the mandatory Islamic, the mandatory imposition of Islamic beliefs on Iranian citizens. And fears persecution due to his repudiation of a theocratic government in favor of a secular model.
[5] The minor claimant [XXX] fears persecution on the basis of her gender. She objects to the strictures imposed on women in Iran, including the mandatory dress code. She also rejects the mandatory imposition of Islamic values on Iranian citizens. And says that she does not adhere to a particular religion.
ANALYSIS
Identity
[6] I’m backing up here.
Determination
[7] The Panel finds that the three claimants have established a serious risk of persecution in Iran based on their religious beliefs and in the case of the two female claimants, on the basis of their gender.
ANALYSIS
Identity
[8] The claimants’ identities are confirmed by the testimony of the principal claimant and by their passports, certified true copies of which are on file.
Credibility
[9] In refugee determine case, determination cases there is a presumption that claimants and their allegations are truthful. I found the three claimants to be credible witnesses. They each endeavored to answer questions accurately and to elaborate on their answers when asked to do so. There were no material inconsistencies or contradution-, contradictions within or between their respective testimonies. The principal claimant submitted a number of documents which corroborate her allegations. These includes a subpoena issued in [XXX] 2018 requiring her to attend a preliminary inquiry into whether she insulted the san-, sanctity of Islam. This is found in Exhibit 4 at page 21.
[10] She also submitted photocopies of her paintings and translations of her poetry which are collectively a heart-rending lament against the oppression of wislam-, oppression of women by the theocratic regime. In one poem she writes, I was a beautiful blossom., they shed all my pet-, petals before I bloom, not giving me a chance to see the spring. Another poem refers to the “beastly religious rules, those demons”. And another says “religion is the lie of frauds.”
[11] The principal claimant also filed a card attesting to her father’s membership in the Rastakhiz, R-A-S-T-AK-H-I-Z Party and a death certificate which confirms her father’s death in [XXX] 1983. In her BOC, she said that her father was effectively assassinated because of his political beliefs.
[12] The objective country evidence in the Immigration and Refugee Board’s National Documentation Package substantiate the claimant’s allegations concerning the lack of freedom of religious belief and the treatment of women. Based on the presumption of truthfulness and the corroborative evidence, I accept the allegations as set out in the princi-, principal claimant’s BOC and updated narrative as credible.
Well-Founded Fear of Persecution
[13] I find that the principal claimant has established a well-founded fear of persecution based on her status as a woman and on her rejection of Islamic strictures on the people of Iran.
Profile of the Principal Claimant
[14] The principal claimant’s profile is as follows. She says that her extended family has long opposed the regime. Her father was pursued by clerics in the early days of the revolution and eventually killed in a staged car accident. Her mother who is fearful for the safety of her outspoken and headstrong daughter, arranged for the principal claimant to marry an older man who worked for the regime when she, the principal claimant, was only [XXX] years old. When she was married, she was expelled by the school. After some incidents of abuse, the [XXX] bride fled her home and marriage. Her husband subsequently divorced her and she was allowed to complete high school.
[15] Following the breakdown of this marriage, the principal claimant’s brother chaperoned her closely. She felt she was living in a prison of his creation. When she was [XXX], she married a 30-year-old man to escape the prison fashioned by her brother. The principal claimant and her husband have two children who are the associated claimants in this hearing. That marriage broke down when the principal claimant was in her early [XXX] and she again found herself marginalized as a divorced woman.
[16] She began to teach art out of her home. The classes became a center for discussion about various social issues. She wanted to take these ideas beyond her home, so registered at a university. However, her outspoken views created ongoing problems at the university and she had to drop out after three terms. She opened an art school but the ongoing pressure by Sepah, S-E-P-A-H and the Basij, B-A-S-I-J forced her to cut the male instructors from her school. She had to repeatedly write promissory letters to comply with the Iranian regime’s requirements. And eventually, had to close the school altogether. She continued to pour her hopes, her anger and her pain into her poetry and her art.
[17] In [XXX] 2018, she visited her sister in Canada. She was astounded to see a country in which women are treated with respect. She returned to Iran only because her children were still there. Upon her return to Iran, the authorities continued their surveillance of her activities. On [XXX] 2018, they forced her over in her car. When the officers started to humiliate and disrep-, disrespect her, she erupted in rage against Islam and its laws. She was arrested and released the following day upon posting a bond.
[18] On [XXX] 2018 she received a subpoena ordering her to attend an inquiry on [XXX] the [XXX], 2018. A cousin informed her that she was not yet on a no-exit list, so she and her children flew to Turkey on [XXX] the [XXX] 2018. The claimants were only allowed to stay in Turkey for three months. The principal claimant reluctant-, reluctantly agreed to pay [XXX] to an agent so that she could get visas for her children to get to Canada.
[19] The principal claimant returned to Iran in [XXX] 2018 to finalize her affairs and grant power of attorney to her brother. She did not return to her home and took precautions to remain undetected. Nonetheless, despite these precautions, she received a call saying that she was being followed and that she faced being killed. On [XXX] she learned that a second subpoena had been delivered to her home and she immediately returned to Turkey. The three claimants flew to Canada on [XXX], 2018.
[20] The associated claimant, [XXX] who is [XXX] years old, testified about his religious and political beliefs. As noted above, he says he does not adhere to any religion. And refuses to participate in the religious rituals and practices which are demanded in many parts of Iranian life. He noted that he now faces the mandatory military service in Iran as a soldier. If he refuses to pray or to fast during Ramadan he faces flogging and other punishments including the extension of his military service. His mother testified that [XXX] is rebellious by nature. And she fears that his free-spirited actions will quickly bring him to the attention of the authorities.
[21] The minor claimant, [XXX] is [XXX] years of age. She testified about her objection to the strictures imposed on women in Iran in the name of Islam, in the name of Islam. Including the mandatory wearing of the hijab. The principal claimant testified that [XXX] hated having to wear the hijab in Iran. She recalled that when [XXX] was approximately [XXX] or [XXX] years old, the principal claimant picked her up from school by car on a hot day. Once in the car, [XXX] pulled her headscarf off. The religious police saw this and detained the principal claimant and [XXX] for a day. [XXX] was incensed by this and remains so to this day. [XXX] testified that she is not a practicing Muslim and that she does not believe in any religion.
Nexus
[22] I find that the fears of the principal claimant and [XXX] are refle-, are connected to the refugee Convention grounds of religion, membership in a particular social group, namely gender. And actual or imputed political beliefs. The fears of the associated claimant [XXX] are connected to the Convention ground of religion and political belief. I therefore assess their claims under Section 96 of the Act.
Subjective Basis
[23] The principal claimant has described her fears of persecution persuasively and in detail. Her decision to return to Iran in [XXX] 2018 raises a question about whether she may have reavailed herself of the protection of her country. I find that her description about the precautions she took to remain undetected and her immediate flight back to Turkey when the second subpoena arrived have satisfied me that she had a sub-, has a subjective fear of persecution in Iran. And that her short-term return to the country in [XXX] 2018 does not undercut that subjective fear.
[24] The associated claimant and minor claimant also established a subjective fear of persecution throughout their eloquent and pervasive testimony.
Objective Evidence
[25] The objective evidence supports the fears of the three claimants. Reports in the National Documentation Package confirm that the Iranian State authorities continue to impose harsh restrictions on the rights of women. To arrest wome-, women rights activists, prohibit dissemination of information the government deems damaging and that the government maintains control on art and censors art production that is deemed to promote secularism or non-Islamic ideas about women’s rights and behaviors. And for this I, I’m referring to the information in the U.S. Department of State report found at Tab 2.1 of the NDP. Iran is a theocracy where ultimate power rests with the supreme leader and unelected institutions under his control.
[26] The gender policies among the ideological pillars of the Islamic Republic and therefore, patriarchy is enforced by the State itself.
[27] Legislation in Iran is based on Sharia law which generally regus-, reduce a woman as having only half the value of a man. The 2017 Global Gender Gap ranks Iran at 140 out of 144 countries. And for this, I refer to the report at Tab 5.1 at the NDP. Amnesty International states that violence against women and girls including domestic violence and early enforced marriage are widespread and committed with impunity as gender-based violence is not criminalized.
[28] According to the Finnish Immigration Service sexual harassment is widespread and violence against women is commonplace in Iran. More than 50% of women have suffered psychological abuse. And more than 1 in 3 had suffered acts of physical abuse. Almost 1 in 3 of the surveyed women reported having experienced restrictions included, including limitations on contacts with friends and family. And limitations on their ability to pursue employment, education or participation in public affairs. The report also states that women feel compel-, compelled to tolerate violence inflicted not only by their husbands, but also by other family members for fear of shame, being ostracized or divorced. And because there are a lack of alternatives to the abusive environments. And for that, I refer to Tab 5.3 of the NDP.
[29] Restrictions on women govern all aspects of their lives. Women cannot ride bicycles, enter stadiums, travel alone or choose their clothes. Female athletes have traditionally been barred from competing in international tournaments. All women, irrespective of religion, are required to cover their hair, skin above the wrist or ankle and below the neck and the contours of their body in public. And this last proposition is found in the Response to Information Request at Tab 5.4.
[30] The law provides that a woman who appears in public without appropriate attire such as, such as a hijab over the head or a long jacket, manteau, M-A-N-T-E-A-U or a full-length cloth covering, chador, may be sentenced to flogging and fined. And this is the U.S. Department of State report at Tab 2.1. These laws are enforced with vigor. Approximately 730,000 women a year are arrested for failing to comply with the billing requirement. And this is Tab 5.1 of the NDP. However, there’s no consensus on what constitutes a proper hijab which leaves women vulnerable to the interpretation or whims of the enforcing officer.
[31] According to the Austrian Centre for Country of Origin and Asylum Research and Documentation, cultural figures including musicians are targeted by the regime, regardless of whether they live in Iran as their work is deemed to be immoral. And this is found in NDP Item 2.6. Solo female artists are prohibited from performing in front of audiences. And musicians are constan-, consistently banned, imprisoned and harassed by authorities.
[32] And I find on a balance of probabilities that the restrictions or harassment that are imposed on musicians are likely to be equally applied to other forms of art, including painting or poetry, such as the work that the principal claimant has done. The country reports also indicate that the Iranian authorities demands strict adherence to Sharia laws and criminalize dissent.
[33] The U.S. Department of International Religious Freedom report states that Iran’s constitution defines the country as an Islamic Republic and all laws and regulations must be based on Islamic criteria. Conversion from Islam to another faith is punishable by death. An IRB Response to Information Request on the treatment of atheists in Iran found at Tab 12.14 of the NDP quotes sources as saying that atheism is not recognized in Iran. And under Iran’s Sharia law any Muslim who abandons his or her faith may face the death penalty for apostasy.
[34] With the respect to the ability to freely express one’s opinion, the USDOS report at Tab 2.1 states that the law provides for the prosecution of persons accused of instigating crimes against the State or national security or insulting Islam. The government severely restricted freedom of speech and of the press and use the law to intimidate or prosecute persons who directly criticize the government or raised human rights problems. As well as to bring ordinary citizens into compliance with the government’s moral code. The U.S. Commission on International Religious Freedom 2018 annual report found at Tab 12.2 indicates that the government of Iran discriminates against its citizens on the basis of religion or belief. As all laws and regulations are based on the unique Ja’fari Shia Islamic criteria.
[35] Under Iran’s Penal Code, mohareh-, moharebeh vaguely defined and often used for political purposes and Sabul-Nabi, S-A-B-U-L – N-A-B-I, insulting the prophet, are capital crimes. The same document notes that the Iranian government exercises strict control over expression of religious ideas and dissent online as part of its broader censorship and targeted use of technology.
[36] Upon reviewing the credib-, the claimants’ credible testimony and the country reports on Iran, I find that they have collectively and individually established that they face a serious risk of persecution in Iran on the basis of their religious beliefs. And in the case of the two female claimants, on the basis of their gender. Given my finding that the claimants face a risk of persecution because of their religious beliefs, I’ve not assessed the risk they may face on the basis of their political opinions.
State Protection
[37] Given that the State is the agent of harm, I find there’s no state protection available to them. Furthermore, given the State’s capacity and censorship laws and their laws against apostasy and blasphemy which extend throughout the country, I find they face a serious possibility of persecution throughout the country.
[38] It is therefore, not possible for them to relocate to another location in Iran. There is no in-, viable internal flight alternative available to them.
CONCLUSION
[39] For the foregoing reasons, I find that the claimants have established that they are Convention refugees pursuant to Section 96 of the Immigration and Refugee Protection Act. I therefore accept your claims.
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