Citation: 2022 RLLR 70
Tribunal: Refugee Protection Division
Date of Decision: June 13, 2022
Panel: Deborah Coyne
Counsel for the Claimant(s): Adam Wawrzkiewicz
Country: Iran
RPD Number: TC1-21546
Associated RPD Number(s): TC1-21548, TC1-21549, TC2-03396, TC2-03397
ATIP Number: A-2022-01960
ATIP Pages: N/A
DECISION
[1] MEMBER: These are the reasons for decision in the claims of XXXX XXXX, the principal claimant, her spouse, XXXX XXXX, the associate claimant, and their child XXXX XXXX, the minor claimant, the principal claimant’s sister, XXXX XXXX, the aunt, and her brother-in-law, the principal claimant’s brother-in-law, XXXX XXXX, the husband of XXXX (ph), who claim to be citizens of Iran and are claiming refugee protection pursuant to Section 96 and 97(1) of the Immigration and Refugee Protection Act.
[2] The tribunal designated XXXX XXXX as a representative for the minor child in the claim.
ALLEGATIONS
[3] The allegations are fully set out in the Basis of Claim narratives of the principal claimant and her sister. The claimants allege a fear of persecution at the hands of the Iranian government because of the conversion of the claimants from Islam to Christianity.
DECISION
[4] The panel finds that the principal and associate claimants have established that they face a serious possibility of persecution because of their conversion from Islam to Christianity if they return to Iran, that’s all four adult claimants. The claimants are therefore Convention refugees pursuant to Section 96 of IRPA. The minor claimant is also a Convention refugee as part of a family of members who have been found to be Convention refugees.
IDENTITY
[5] On a balance of probabilities, the claimants established they are citizens of Iran based on the copies of the claimants’ passports in Exhibit 1.
CREDIBILITY
[6] Based on the documents in the file including the principal claimant’s Basis of Claim narrative and the narrative of her sister and the testimony today, the panel has noted no serious credibility issues.
[7] On a balance of probabilities, the panel finds the following allegations to be true. The adult claimants do not support the strict rules and regulations imposed by the Islamic theocratic regime. The principal claimant and her sister grew up in an open-minded family who objected to the government enforced religion and especially the oppression of women. Two of their sisters left Iran and one settled in Canada and the other in the United States. The principal claimant began to explore Christianity with an Armenian Christian co-worker and was fired from her job after management found some notes about Christianity at her desk. She then started a XXXX XXXX and had to navigate around the Basij to ensure adequate compliance with Islamic norms imposed by the state. The principal claimant and her husband visited Canada in 2018 and 2019 and were able to attend church regularly and learn about Christianity in greater depth. The principal claimant was held for questioning about her trip to Canada and her religious beliefs by the Talat (ph) at the airport when she returned in 2020. Both claimants were under surveillance.
[8] On XXXX XXXX XXXX 2021, the claimants received a summons to appear in court on XXXX XXXX. At that point, they decided the only option was to flee Iran and they returned to Canada on XXXX XXXX, 2021 and submitted their claims for refugee protection. In the meantime, the principal claimant’s sister and her husband also explored Christianity and were strong opponents of the Iranian theocracy. They had regular run-ins with authorities for non-compliance with Islamic norms imposed by the state. The claimants joined the principal claimant’s family in Canada on XXXX XXXX, 2021.
[9] All of the adult claimants have concluded they prefer the peace, humanity, and inclusiveness of Christianity to the harsh doctrine and rules and regulations of the Islam imposed by the Iranian theocracy. Since arriving in Canada, they have all attended the XXXX XXXX XXXX XXXX XXXX and are active members of the congregation. They were all baptized on XXXX XXXX, 2022.
[10] The claimants fear returning to Iran because of the serious penalties imposed on converts by the Iranian theocracy. They have already been targeted by Iranian authorities. The panel finds that the evidence with respect to the claimants’ conversion to Christianity was internally consistent and plausible. There are no contradictions or omissions that go to the core of the claim.
[11] The allegations were supported by personal documents that the panel finds credible in Exhibits 5, 6, and 7. Exhibits 5 and 7 include the letters from the senior pastor of the XXXX XXXX XXXX XXXX XXXX confirming the claimants’ commitment to Christianity and active membership in the church since XXXX 2021. Exhibit 6 includes the four baptism certificates. The panel accepts the evidence as establishing on a balance of probabilities the claimant’s subjective fear of persecution because of their conversion to Christianity.
[12] So, turning now briefly to the objective basis. The panel has reviewed the April 29th, 2002 National Documentation Package for Iran which is Exhibit 3. It contains a substantial amount of objective documentary evidence on religious persecution in Iran.
[13] Item 2.1 is the U.S. Department of State 2021 Human Rights Report indicates the Government of Iran imposes severe restrictions on the freedom of religion. Iranian law prohibits citizens from converting from Islam to another religion. Christians who converted from Islam experienced disproportionate levels of arrest, detention, and high levels of harassment and surveillance and many converts practice their religion in secret. Severe violations such as prolonged detention, torture, and executions targeting some Christian converts continue.
[14] There is also a useful overview in item 12.15 which is the UK Home Office Country Policy Report on both Iranian Christians and Christian converts which is in early 2020 and also other, many other documents going into more detail about the crime of apostacy and the provisions of Sharia law and the application, and so forth.
[15] Then there is item 12.2 which is the U.S. Commission on International Religious Freedom 2021 Annual Report on Iran in which the USCRIF recommends that the U.S. Government continue to redesignate Iran as a country of particular concern for engaging in systematic ongoing and egregious violations of religious freedom as defined in the International Religious Freedom Act.
[16] Item 12.2 also notes this year that Iran has escalated its persecution of Christians in 2020, particularly converts from Islam and it provides some details to support that statement.
[17] So the panel finds that the claimant’s subjective fear of returning to Iran because of their conversion to Christianity is well founded based on the totality of the objective documentary evidence before the panel.
STATE PROTECTION
18] As the agent of persecution is the Government of Iran, the panel finds that it would be objectively unreasonable for the claimants to seek the protection of the Iranian government. Therefore the panel finds the claimants have rebutted the presumption of state protection with clear and convincing evidence.
INTERNAL FLIGHT ALTERNATIVE
[19] The panel finds that the objective evidence establishes that authorities operate similarly throughout Iran and the claimants face a serious possibility of persecution throughout Iran because of their religion and therefore no viable Internal Flight Alternative is available.
CONCLUSION
[20] The panel finds that the principal and associate claimants or persons have established that they face a serious possibility of persecution because of their conversion from Islam to Christianity if they return to Iran. The claimants are therefore Convention refugees pursuant to Section 96 of the IRPA and the minor claimant is also a Convention refugee as part of a family of members who have been found to be Convention refugees. Their claims are accepted.
——— REASONS CONCLUDED ———