2022 RLLR 118

Citation: 2022 RLLR 118
Tribunal: Refugee Protection Division
Date of Decision: March 10, 2022
Panel: Nicholas Leblanc
Counsel for the Claimant(s): John Savaglio
Country: Pakistan
RPD Number: TB9-16892
Associated RPD Number(s): N/A
ATIP Number: A-2023-01023
ATIP Pages: N/A

DECISION

[1]       MEMBER: This is the decision in the claim for refugee protection made by XXXX XXXX XXXX, file number TB9-16892.  You are claiming to be a citizen of Pakistan and are claiming refugee protection pursuant to Sections 96 and 97.1 of the Immigration and Refugee Protection Act.  I’ve considered your testimony and the other evidence in the case and I am ready to render my decision orally.

DETERMINATION

[2]       I find that you are a Convention refugee on the grounds of your perceived political opinion, perceived religion, and membership in a particular social group for the following reasons.

ALLEGATIONS

[3]       You allege to be a citizen of Pakistan, a Sunni Muslim, and allege a fear of persecution at the hands of religious extremist groups in Pakistan due to your social work through your membership with the Greenland Welfare Group, which you state was responsible for assisting the needy and religious minorities.  You allege that extremist groups including Sepah-e-Sahaba (SSP) have deemed you to be an infidel due to your willingness to help people from religions other than the Sunni sect.  You allege that there is no state protection for you or an Internal Flight Alternative.

EXCLUSION

[4]       I note an exclusion under Article 1FB at the beginning of the hearing given your statement and your narrative of being charged with public drunkenness and uttering threats.  I canvassed the issue with you and I found your testimony on the matter to be credible.  You stated that it was a false charge created by XXXX XXXX (ph), a member of the Greenland Welfare Group.  You stated that you believed XXXX was forced into this by the extremist group that is after him and you. 

[5]       Given your credible testimony which I’ll discuss in more detail in a moment, I accept that these charges are false and created by your agents of persecution.  As a result exclusion under Article 1FB is not applicable in this case.  As I further note, you have provided a copy of the FIR, this is found in Exhibit 4 where these charges are explained.  I find the accusations against you even if true, do not meet the threshold of a serious crime when considering the factors set out in the (inaudible-2:26).  

IDENTITY

[6]       Your personal identity as a citizen of Pakistan has been established by your testimony and the supporting documents filed in the Exhibits, namely the certified true copy of your valid Pakistan passport found in Exhibit 1.  I also note that in Exhibit 4 you have provided a copy of your national identity card from Pakistan, your driving license from Pakistan, birth registration certificate, and your family registration certificate.  I therefore find on a balance of probabilities that identity and country of reference have been established as Pakistan. 

NEXUS

[7]       I find there is a link between what you fear and a Convention ground, namely perceived religion, or political opinion as a result of your work with minority religious groups and your membership in a particular social group of social activists.  I have there assessed your claim under Section 96. 

CREDIBILITY

[8]       When a claimant swears to the truth of allegations this creates a presumption that the allegations are true unless there is valid reason to doubt their truthfulness.  In this case I find no valid reason to doubt the overall truthfulness of your allegations.  You testified in a candid and straightforward manner.  You seemed not to exaggerate or tailor your evidence, and there were no significant material discrepancies, inconsistencies, or omissions.  Sir, I find your testimony to be genuine and you experienced great emotion while recounting the incidents that occurred to you in Pakistan. 

[9]       While I did not ask you to recount all the incidents that occurred to you, I asked you about the first and last which I found to be a central incidence of your claim. You told me about March 7, 2018, and how four men blocked your way and warned you that you have become an infidel for helping non-Muslims.  You further told me about the incident that occurred on June 4, 2019, where you were kidnapped, beaten, and cut, when they tried to get information on Greenland Welfare and your friend XXXX. 

[10]     I also asked you a number of questions regarding your work with the Greenland Welfare Group including when you joined, your knowledge of the group, your role and activities, and your motivation for joining the group.  You told me how you were a XXXXwho was responsible for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX.  You told me how you grew up with Christian and Hindu friends and this aspired you to help out religious minorities when given an opportunity to do so.  You further added how your goal was to bridge the gap between religions in Pakistan. 

[11]     I note you provided a number of photos of you in Christian churches and with priests, and I found your testimony surrounding your motivations to be genuine and credible.  You provided a significant amount of documents that support your claim.  These can be found in Exhibit 4, 5, and 6, 7, 8.  I won’t go through each of these documents but as a summary you’ve provided documents regarding the Greenland Welfare Society which includes your personal documents as a member of the group and photos of you with other members, which I just discussed.  Of note are photos of you in a catholic church, as again I just discussed.  You’ve also provided copies of police complaints, an FIR, and court affidavit, an order which were filled by you and your friend XXXX. 

[12]     You also provided affidavits from your wife and sister whom you stayed with in Lahore, and three friends, XXXX, XXXX XXXX, and XXXX XXXX who are aware of your issues in Pakistan.  I will also note that at some point during your issues in Pakistan you resided with each of these individuals while in hiding.  I further note that you have provided a significant of other photos including photos of the injury you suffered on June 4, 2019, prior to leaving for Canada, as well as a medical report from Pakistan where you given stitches, and from Canada where your stitches were removed. 

[13]     I note the abundance of credible documents further supports your credibility and given that I have noted no issues on the surface of these documents as they relate to your story, I find them to further strengthen the credibility of your allegations.  I find on a balance of probabilities you have established your profile as a social activist who was and continues to be targeted by religious extremists due to your work in support of religious minorities, which they now see as you converting to Christianity and therefore designated as an apostate. 

[14]     I note that I did have some concern regarding your trip to Canada in XXXX 2018 and subsequent return to Pakistan.  I asked you about this and you told me how your family remains in Pakistan and that you did not want to leave them and your country behind.  You further stated how you would have never stayed if it weren’t for the last incident that occurred on June 4, 2019.  I accept your explanations as reasonable especially considering the kidnapping and false case had not been initiated until your return to Pakistan. 

[15]     I therefore do not find your actives demonstrative of a lack of subjective fear and do not find them to undermine your overall credibility. I therefore find that your subjective fear is established by your credible testimony and I believe what you have alleged on a balance of probabilities. 

[16]     I also find there is an objective basis to what you fear in Pakistan.  The National Documentation Package, NDP, corroborates your allegations regarding your fear of religious extremist groups resulting from your involvement with minority groups. 

[17]     At item 7.7, it talks about the TTB, which I note is not the group you fear however, I refer to it given the forward-looking assessment I am required to conduct.  I note they are a Sunni extremist militant organization primarily based in the federally administrated tribal areas and Khyber Pakhtunkhwa (KPK) and among its’ main objectives is to enforce Sharia law in Pakistan and to secure an Islamic caliphate state.  I note that as a Sunni Muslim who is seen to have converted you would potentially be at risk from the TTP upon return. 

[18]     Item 7.7 and 7.8 also notes reports  of the TTP carrying out attacks on Shia and Christian communities including group precessions and places of worship.  In the federally administrated tribal areas, the KPK, Punjab, and (inaudible-8:32), evidencing their strong opposition to any faith that is not Sunni Muslim.  This ideology is shared by various other Sunni extremist organizations including the Sepah-e-Sahaba SSP, which you alleged to fear, Lashkar-e-Jhangvi LEJ, Lashkar-e-Taiba LET, and Jaish-e-Mohammed JEM.  I further note that you are at elevated risk because of your involvement in helping to promote and provide goods for religious minority communities in Pakistan, that is your social activism. 

[19]     The United States Department of State report at item 2.1 indicates that state and non-state actors including militant groups routinely targeted social activists and human rights defenders for violence and harassment.  Amnesty International at item 2.3 likewise confirms that activists and other human rights defenders in Pakistan faced harassment, intimidation, threats, violence, and enforced disappearance. 

[20]     The Human Rights Commission of Pakistan at item 2.5 further notes that the scourge of enforced disappearances continued unchecked across the country in 2018.  Political activists, students, human rights defenders, journalists, members of religious groups, and various ethnic minorities have all fallen victim in recent years.  No one has ever been held accountable. 

[21]     I further note that Sepah-e-Sahaba SSP has been renamed to the ASWJ after being banned by the Pakistan government in 2002.  Sources indicate that the objective of the ASWJ is to proclaim Pakistan as a Sunni state.  Sources state that the ASWJ also aims to declare Shias kafirs or infidels or to declare all other sects to be non-Muslim minorities. 

[22]     According to the Christian Solidarity Network, an organization that advocates for and documents violations of religious rights, the ASWJ advocates for Shiites to be legally declared non-Muslim and as a violent offshoot that targets Shiites mosques.  Given the objective sources I just referred to, I find that you have a well-founded fear of persecution on a balance of probabilities.

STATE PROTECTION

[23]     I find you have rebutted the presumption of state protection with clear and convincing evidence that the authorities in Pakistan would be unwilling or unable to provide you with adequate state protection.  I note you testified that you attempted to report the threats to you on two occasions and you were not provided with any assistance or protection. 

[24]     I further note that there has been a false case filed against you and you now state to fear the police as an additional agent of persecution.  Moreover, according to the documentary evidence before me, Pakistan remains among the most dangerous places in the world for social activists and human rights defenders.  The objective documentary evidence is also clear that there is a high level of corruption among the police in Pakistan, therefore inhibiting their ability to provide adequate protection to those who seek it. 

[25]     A recent Response to Information Request regarding police corruption states that the police are ranked as one of the most corrupt institutions in Pakistan.  This can be found at item 10.1.  The United Kingdom Home Office report indicates that Pakistan’s police force is under resourced, poorly trained, badly paid, low in moral, and viewed with suspicion by the courts and society because of its’ poor human rights record.  Most police are regarded as corrupt, inefficient, and unprofessional.  This can be found at item 1.12 of the NDP. 

[26]     Based on your personal circumstances as well as the objective country documentation, I find that you have rebutted the presumption of state protection on a balance of probabilities.

INTERNAL FLIGHT ALTERNATIVE

[27]     I’ve also considered whether a viable Internal Flight Alternative exists for you.  At the beginning of the hearing I note the cities of Hyderabad and Islamabad.  Item 1.8 of the NDP indicates that armed militant groups such as the SSP have wide geographic roots and would be able to reach you in Islamabad and Hyderabad.  Item 7.2 of the NDP reports that SSP is responsible for some of the most violent attacks on religious minorities and these attacks have been widespread. 

[28]     I further note your credible testimony surrounding how you were discovered when you fled to your sister’s home in Lahore, and that as recent as June 2020 and March 31, 2021, your wife was approached by members of the SSP.  I find this establishes the means and motivation of your agents of persecution. 

[29]     I therefore find that you do not have a viable Internal Flight Alternative available for you anywhere in Pakistan on a balance of probabilities. 

CONCLUSION

[30]     Based on the totality of the evidence, I find XXXX XXXX XXXX, to be a Convention refugee.  Therefore I accept your claim.

——— REASONS CONCLUDED ———