2022 RLLR 137

Citation: 2022 RLLR 137
Tribunal: Refugee Protection Division
Date of Decision: September 26, 2022
Panel: Milton Israel
Counsel for the Claimant(s): Mary Alison Pridham
Country: Iran
RPD Number: TB9-30696
Associated RPD Number(s): N/A
ATIP Number: A-2023-01023
ATIP Pages: N/A

 

REASONS FOR DECISION

 

[1]       XXXX the claimant, a citizen of Iran, seeks refugee protection pursuant to section 96 and subsection 97(1) of the immigration and refugee protection Act (IRPA).

 

ALLEGATIONS

 

[2]       The claimant alleges the following in his Basis of Claim Form narrative (BOC):

 

[3]       He is in danger of torture and a risk to his life because of his perceived political opinion and membership in a particular social group.

 

[4]       In 2003, he met an Assyrian girl. She was a Christian and she spoke about her religion. They had a secret relationship for a year, and he asked her to marry him. The claimant is a Muslim, and his parents were angry when he told them about this relationship. His mother said she would kill herself. He ceased his contact with the Christian girl, and he became disenchanted with religion. In 2008 he was introduced to his future wife, and they fell in love and married.

 

[5]       In 2009 he joined a company and met XXXX, a XXXX, XXXX told him he was whipped when he was caught XXXX. In March, a colleague, XXXX, talked about XXXX. He also talked about his Christian religion, Jesus Christ, and their monthly prayer meetings. On April 29, 2017, XXXX told the claimant about a prayer meeting the next day in his home. The claimant attended with 4 others. He was warmly welcomed and at the end of the meeting he accepted Jesus Christ as his saviour. He was also given a Farsi Bible and told to be quiet about the monthly meetings.

 

[6]       On September 20, 2019, the claimant’ s brother who lives in Canada, sent him an invitation to visit, and he traveled to Canada on XXXX 2019. The claimant joined XXXX Church which had a Farsi service and began attending services and Bible study sessions. On October 5, 2019, the claimant’s wife called and informed him that 3 plainclothes agents came to their home searching for the claimant’s belongings. They took his laptop and camera and accused him of apostasy because of his attendance at Christian sessions. His wife told him not to return.

 

DETERMINATION

 

[7]       The panel finds on a balance of probabilities, that the claimant is now a genuine Christian. The panel further finds that if the claimant were to return to Iran, he would be at risk of persecution because of his conversion to Christianity. Therefore, the panel finds the claimant is a Convention refugee and his claim is allowed.

 

ANALYSIS

 

Identity

 

[8]       The panel finds the claimant has disclosed sufficient identity documentation, including a passport and national identity card, to confirm his Iranian citizenship.

 

Credibility

 

[9]       The claimant was questioned as to his allegations. The claimant testified that if he returned to Iran, he would be arrested, tortured, and possibly executed because of his conversion to Christianity. The claimant was asked whether merely attending a Christian service would result in an apostasy accusation. He responded his home was raided and he was accused of conversion. He was further asked how Iranian authorities would know he had converted to Christianity, and he responded he did not know.

 

[10]     The claimant further testified to his meeting with a Christian girl in Iran, his desire to marry her, their talks about Christianity, his parents’ rejection of the marriage. The claimant was asked whether he was aware of the views of Iranian authorities and society in this regard. He responded he did not have a lot of information. He was asked what information he had. and he did not provide a credible response.

 

[11]     The claimant testified to his association with XXXX the whipping of XXXX his conversations about Christianity with XXXX and his attendance at Christian prayer meetings in XXXX home. He further testified he attended these monthly meetings for approximately 2 years and there were no problems from the authorities. He also testified as to the positive impact of the first meeting and his decision to accept Jesus Christ as his saviour. The claimant’s testimony in this regard was consistent with his BOC statements.

 

[12]     The claimant testified he joined XXXX soon after is arrival in Canada in XXXX 2019. He was asked whether anything happened in Iran after he left the country, and he testified that 3 plain clothes officials came to his home and accused him of apostasy. The panel noted the claimant attended Christian prayer meetings in Iran for 2 years and he had no problems. He was asked why the sudden change a few days after he left Iran, and he responded he did not know. He was further asked whether he had any evidence other than his wife’s letter that he his being sought by Iranian authorities. He responded: “no, just my wife”.

 

[13]     The panel noted that his claim in his initial hearing was dismissed because of similarities between his claim and another claim. The claimant was asked whether he had anything to say regarding the similarities in the background of the Christian woman he wanted to marry, the time frame, and the actions of Iranian authorities within XXXX days of his arrival in Canada. He responded the similarity was not clear and he was surprised.

 

[14]     The claimant was asked questions concerning his Christian knowledge, and his responses were substantive and made without delay. He testified to what it meant to be a Christian and why he left Islam. He emphasized Christian belief in forgiveness and the lack of this response in Islam. He further testified that there was compulsion in Iranian Islam, and harsh laws and punishments. He also testified that in addition to attending services, he evangelized others, prepared food for the needy and helped maintain the church.

 

[15]     The claimant described a typical service and indicated he attended services twice a week and he was baptised on XXXX 2020. He provided substantive explanations as to the purpose of Baptism and Communion and described the Last Supper. In addition, the claimant described the organization of the Bible and the Gospels as a source of information concerning the life of Jesus. He was also able to provide a substantive description of Pentecost.

 

[16]     In addition, the claimant disclosed documentary evidence corroborating his Christian identity. A letter from the senior pastor of his church confirms his membership since October 2019, his regular attendance at services and Bible study classes, and his baptism on August 2, 2020. A letter from a member of the congregation, XXXX, confirms the claimant’s attendance at church sessions on Wednesdays and Saturdays and the use of zoom during the pandemic. A letter from the claimant’s roommate, XXXX notes the claimant’s commitment to Christian study and practice. A letter from another roommate, XXXX indicates he witnessed the claimant praying and his talking about Christianity. A letter from the claimant’s wife indicates plainclothes officers came to her house on XXXX 2019, confiscated the claimant’s laptop and camera and accused him of apostasy. A letter from the claimant’s brother, XXXX confirms the claimant’s Christian practice in Iran and receipt of his wife’s letter.[1] In addition a letter from Iran XXXX confirms his being whipped for XXXX in Iran.[2]

 

[17]     The panel has some concerns as to the similarities between the claimant’s alleged experience in Iran and that of another claimant identified in the initial hearing of this claim. The panel notes however, as did the RAD decision, that some of the similarities are legitimate or not similar. However, the panel does have concerns about the timing of the alleged raid by Iranian authorities at the claimant’s home and the apostasy accusation only           XXXX days after he left Iran. The panel notes in this regard that the claimant testified he attended Christian prayer meetings in Iran for approximately 2 years without a problem. The panel further notes the claimant had not yet joined XXXX in Toronto and there is no basis for an assertion that the claimant was being monitored by Iranian authorities. The panel further notes that the only evidence of the claimant’s pursuit by Iranian authorities is the claimant’s wife’s letter, and in the context of the analysis above the panel finds there is insufficient credible evidence to support a finding that the alleged October 4, 2019 incident took place.

 

[18]     The panel notes however that the claimant has provided corroborative evidence as to his Christian practice in Iran and the panel has no basis to challenge the truthfulness of this evidence. In addition, the claimant’s sur place testimony reflects a substantive knowledge of Christian teachings, and his identity as a genuine practicing Christian is confirmed in corroborative evidence disclosed in the hearing.

 

[19]     The panel finds the claimant testified in a straight-forward manner and without any significant inconsistencies with documentary evidence. The panel further finds on a balance of probabilities, the claimant’s allegations are true.

 

[20]     The panel has reviewed objective country evidence as to the jeopardy of Iranian Muslims who convert to Christianity. The Dutch Refugee Counsel states that while house churches are illegal in Iran, they are quite common. These churches are monitored but intervention by authorities tends to be dependent on the size of the congregation. Primary targets are leaders and converts. Conversion alone may not lead to arrest if the person does not proselytize or promote the church. However, if a person is outspoken about conversion, arrest and interrogation are likely. Converts are not generally charged with apostasy but rather with a national security concern by the Revolutionary Guard. Conversion is considered a political as well as a religious issue.[3] Further objective evidence indicates conversion may result in arrest and prison.[4] Amnesty International states ethnic and religious minorities face entrenched discrimination and violence.[5] Human Rights Watch states there is discrimination against religious minorities and arrests.[6]

 

CONCLUSION

 

[21]     The panel finds that the claimant, as a Muslim convert to Christianity, would be at risk of persecution if he were to return to Iran and continue to practice his faith. Therefore, the claimant is a Convention refugee and his claim is allowed.

 

(signed) Milton Israel

 

September 26, 2022

 

 

 

[1] Disclosure, May 2, 2021, RPD Record to RAD, Exhibit 1

 

[2] Disclosure, August 16, 2021, RPD Record to RAD, Exhibit 1

 

[3] National Documentation Package (NDP), Iran, April 29, 2022, item12.10

 

[4] Ibid, item 12.11

 

[5] Ibid, item 2.4

 

[6] Ibid, item 2.5