Citation: 2020 RLLR 95
Tribunal: Refugee Protection Division
Date of Decision: November 6, 2020
Panel: Diane L. Tinker
Counsel for the Claimant(s): Ian D. Hamilton
Country: Sri Lanka
RPD Number: TB7-08356
Associated RPD Number(s):
ATIP Number: A-2021-00945
ATIP Pages: 000048-000052
REASONS FOR DECISION
[1] The claimant, [XXX] is a citizen of Sri Lanka. The claimant claims to have well-founded fear of persecution at the hands of the Sri Lankan police, army as well as paramilitary groups due to his ethnicity as a young Tamil male from the north under sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA).[1]
ALLEGATIONS
[2] The claimant alleges that he [XXX] that was televised throughout Sri Lanka and, as a result, came to the attention of the EPDP (Eelan People’s Democratic Party) who wanted him to sing for them at their parties and campaign. The claimant declined but continued to be harassed by the EPDP to the extent of being kidnapped in [XXX] 2013. The claimant agreed to sing for the EPDP and was released and went to Columbo. Due to harassment of his family by the EPDP, the claimant returned home and again was kidnapped and this time beaten by the EPDP members in [XXX] 2013. The claimant stated that he was able to escape during the night and through his family, left Sri Lanka and went to Thailand.
[3] The claimant claimed for refugee protection through the UNHCR, however, never received an answer. In [XXX] 2015, a new president was elected in Sri Lanka who promised that it was safe for people to return. The claimant returned to Sri Lanka in [XXX] 2015.
[4] The claimant indicated that the CID (the Criminal Investigation Department) questioned him extensively in [XXX] of 2016 concerning his stay in Thailand and his ties to the Tamil Tigers (the LTTE) as he had two uncles in that organization: one, a Major who was killed and another living in the United Kingdom, who was active on social media concerning the Tigers.
[5] The claimant and his family again feared for his safety and made arrangements for him to leave the country. The claimant left Sri Lanka in [XXX] 2016 and went to Dubai but was sent back. The claimant, through an agent hid in Sri Lanka until he was able to leave and arrived in Canada on [XXX] 2017 and claimed for refugee protection shortly thereafter.
DETERMINATION
[6] I find that the claimant is a Convention refugee for the following reasons.
ANALYSIS
Identity
[7] The claimant’s oral testimony and supporting documents filed[2] establish his identity as a citizen of Sri Lanka.
Credibility
[8] I find the claimant to be credible and therefore accept what he alleged in his oral testimony and his Basis of Claim form.[3] This case was very well documented: the claimant provided corroborating documents showing the results of his beating by the EPDP, photos of his uncles with the leader of the Tamil Tigers and proof of winning the singing contest in Sri Lanka.[4]
Nexus
[9] I find that there is a link between what the claimant fears and one of the five Convention grounds, specifically, ethnicity as a young Tamil male from the northern part of Sri Lanka and therefore, the claim is assessed under section 96.
Persecution
[10] The claimant fears that if he were to return to Sri Lanka today, the police, including the CID as well as the EPDP would harm him due to his leaving the country for a considerable amount of time, first to Thailand for two years and then to Canada for three years. The claimant fears that the EPDP may kidnap and harm him again.
[11] In arriving at my decision, it is necessary to consider the most recent country documentation which makes it clear the nature of the claimant’s jeopardy if he were to return to Sri Lanka today.
[12] I have reviewed the country documentation, both that was disclosed by counsel[5] as well as information in the most recent National Documentation Package.[6]
[13] Although the civil war ended in 2009 and there was hope for the Tamils in Sri Lanka with the election of Maithripala Sirisena in January 2015, but all hopes were dashed with the election of Gotabaya Rajapaksa in November 2019. This government’s current objective is “to identify Tamil activists in the diaspora who are working for Tamil separatism and to destabilize the unitary Sri Lankan state.”[7] Furthermore, as counsel pointed out in his submissions, the current government is using the Prevention of Terrorism Act to persecute any criticism of the government as an act of terrorism.[8] Freedom House has also indicated that the human rights situation has deteriorated significantly, especially in Tamil areas since the election of November 2019.[9] This Response to Information Request also states that there are abusive practices by the police and security forces including extrajudicial executions, forced disappearances, rape and torture against the Tamils.
[14] As a returning young Tamil male, the claimant would also be harassed by the CID due to his family’s prominent connections with the LTTE and the current and continuing presence of his uncle on social media in the United Kingdom. As counsel in his submissions indicated, due to the claimant’s family connection with the LTTE, the Prevention of Terrorism Act could be used against the claimant under this current government and thus, could be subject to torture.
[15] In summary, I find that due to the current government’s treatment of Tamils in Sri Lanka, there is more than a mere possibility that the claimant would be persecuted if he were to return to Sri Lanka.
CONCLUSION
[16] I therefore determine that the claimant is a Convention refugee. The Refugee Protection Division therefore accepts his claim.
[1] Immigration and Refugee Protection Act, S.C. 2001, c.27, sections 96, 97(1)(a) and 97(1)(b).
[2] Exhibit 1, Package of information from the referring CBSA/IRCC; Exhibit 5, Photocopies of birth certificate, National Identity Card.
[3] Exhibit 2, Basis of Claim (BOC) form, TB7-08356.
[4] Exhibit 6, Claimant’s Supporting Documents – Photos of torture, singing contest and uncles, received [XXX], 2017.
[5] Exhibit 4, Country Conditions documentation.
[6] Exhibit 3, National Documentation Package (NDP) for Sri Lanka (September 1, 2020).
[7] Ibid., item 4.11.
[8] Ibid., item 2.6.
[9] Ibid., item 13.1.