2022 RLLR 71

Citation: 2022 RLLR 71
Tribunal: Refugee Protection Division
Date of Decision: June 17, 2022
Panel: Laurie Letheren
Counsel for the Claimant(s): Robin David Bajer
Country: Iran
RPD Number: TC1-20082
Associated RPD Number(s): N/A
ATIP Number: A-2022-01960
ATIP Pages: N/A

DECISION

[1]       MEMBER: These are the reasons in the claim made by XXXX XXXX, TC1-20082.

[2]       You claim to be a citizen of Iran. You are seeking refugee protection pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act.

[3]       I have found that your evidence demonstrates that you are a Convention refugee on the basis of your religion as a Kurdish follower of the Yaresan religion, which is also known as the Ahl-e Haqq religion.

[4]       The allegations you provided in detail in your Basis of Claim form and the amendments, which are at Exhibits 2 and 6.

[5]       To summarize, you allege fear of persecution from the Iranian government, members of the Iranian society, as a follower of the Yaresan religion.

[6]       I have found that you’ve established your identity, your personal identity and identity as a citizen of Iran, through your testimony and the copies of your passports, which can be found at Exhibit 1.

[7]       You also have provided other identity documents.

[8]       I found that you were a very credible witness. I therefore believe all that you alleged in support of your claim. I found that you have testified in a very straightforward manner. There were no material inconsistencies in your testimony, or contradictions between your testimony and the other evidence before me, or the allegations made in your Basis of Claim form.

[9]       You provided spontaneous and detailed testimony regarding your religious adherence and the Yaresan faith. You were knowledgeable about the ceremonies and observances of the religion. You were able to describe them fully to me. You were also able to explain that you have continued with the practice of your Yaresan faith, and explained your beliefs and why these beliefs remain very important to you.

[10]     You explained how you connect to others who practise the Yaresan faith, through Instagram or Telegram, through friends that you’ve met in Canada, and that you also connect with your family in Iran when they are practising what you called Nazr, which you described as very important part of your religious practice.

[11]     You submitted letters from your father and sister, explaining the family’s adherence to your Yaresan faith, and how they’ve had to keep that religious faith secret. You also submitted photos to explain or showing your father, your mother, and your sisters in your home. You describe the photos that we could see on the wall as being the leader of the Yaresan religion, and one (1) of the students of that leader. You explained the significance of the items that were on the table in the same room, between both your parents and your sisters.

[12]     You also had some photographs showing the places of religious practice that you and your family attend, you had attended, in your small city of XXXX. And also, you showed members of your family and community in a Nazr practice.

[13]     In addition, you had a letter from the XXXX Department of the Iranian government, that you explained was given to employers when there were new laws that all employers, even those who would be considered to be private employers, had to investigate employees’ backgrounds and, in particular, to investigate their religion. You explained how, your employer at a private school, had to do this background check on you, and that they had to, as you described, pull some strings to allow you to continue to work, even though you did not practise the Islamic religion.

[14]     You have provided letters from members of the Yari community here in Canada, who said that you met someone in Vancouver with whom you have been practising your Yaresan religion.

[15]     You also submitted some social media pages belonging to you, showing that you follow various Yaresan groups, and that you connect through these channels when there are live Yaresan events. And you also have some items showing that you’ve posted on your own social media pages, and all of these would indicate that you are affiliated with the Yaresan religion and community.

[16]     I accept, on a balance of probabilities, that you are practitioner of the Yaresan Ahl-e Haqq faith.

[17]     You testified about your experiences as a follower of the Yaresan religion while you were in living in Iran. And how the persecution and discrimination that you experienced while living there. I find that the country condition documents that I have in the National Documentation Package for Iran corroborate your allegations and establish that there is an objective basis to your claim.

[18]     I find that this National Documentation Package and the objective evidence confirms your testimony that you cannot openly practise your faith in Iran without facing serious possibility of persecution.

[19]     Persons who follow the Yaresan faith must practise secretly, otherwise they are denied access to education, jobs, housing, and other basic rights in Iran. You testified about your experience as a teacher and how it took longer for you to secure employment because of the background check the founder of the school had to do on you. And that this person had to pull some strings in order to allow you to work in that school. You also explained how, because of your religion and the fact that your religion would be discovered, you could never get a government job.

[20]     According to the information that I have in the National Documentation Package for Iran, there are reports of people who are openly practising their Yaresan faith, and are activists in that community, who have been arrested and detained.

[21]     According to the Danish Immigration Service report on Yaris, which is at the National Documentation Package Item 12.16, it notes that the Iranian government has sought and actively repressed the spread of the Yaresan religion, claiming that the teachers and active practitioners are acting against the national security, and guilty of corruption on Earth.

[22]     The US Department of State’s International Religious Freedom report for 2019 indicates that according to NGO reports, Yaresan followers continue to be subjected to frequent arrest, detentions, harassment, and surveillance.

[23]     In correspondence with the Research Directorate, a representative from the Human Rights Activist News Agency stated there have been multiple reports of arrest and prison terms given to Yaresan practitioners. It’s stated at Item 12.16 of the NDP, that generally, the level of persecution of Yaresan followers depends on their level of activity, and how open and visible their activity is. International reports state that Yaresan followers have been arrested at different times and places, on charges including insulting the sacred, corruption of the Earth, blasphemy, obtaining illicit wealth, and interference in medical affairs. And have received sentences ranging from two (2) to five (5) years imprisonment.

[24]     One (1) report, in Item 12.1 of the NDP, indicates that Yaresan practitioners have been executed. The US International Religious Freedom Report for 2019 indicates that authorities arrested a Yaresan practitioner and sentenced them to five (5) years in prison for acting against national security. Sources report that another practitioner was sentenced to 13 years in prison, and received 74 lashes.

[25]     The BBC’s monitoring March 2022 monthly human rights report on Iran indicates that the Yaresan practitioners were sentenced for charges including propaganda against the establishment and acting against national security for the administration of the so-called illegal Yaresan channel.

[26]     So, this corroborates all of your allegations, that you and your family’s adherence has had to be secret. You never disclosed your religion to anybody, presented yourself as a Shi’a Muslim to protect yourself in Iran. You were able to obtain an education and a profession, but only because you made efforts to conceal your religion. A letter from a long-time friend indicates that they were not aware of your religion, until recently when you told them after coming here to Canada.

[27]     The US Commission for International Religious Freedoms at Item 12.2 of the NDP states that members of the Yaresan community face discrimination in education, employment, and running for political office throughout the country.

[28]     The NDP also confirms that Yaresani men, recognized by their particular moustaches, continue to face employment discrimination and Shi’a preachers continue to encourage social discrimination against the Yaresanis.

[29]     So having taken into account the objective evidence, together with your consistent and credible testimony, which is supported by your documents that you have provided, I find that your fear of persecution in Iran is well founded.

[30]     Given the evidence before me, both personal and objective, I find you face a serious possibility of persecution in Iran if you were to return for these reasons that I have all set out.

[31]     As one (1) of the potential agents of persecution is the State, I find that it would not be reasonable for you to seek state protection in Iran should you experience this persecution.

[32]     As the laws and conditions that are described in the National Documentation Package are applicable throughout the entire country, I find that you would face a serious possibility of persecution every part of Iran. And therefore, there would be no viable internal flight alternative available to you.

[33]     So, for all these reasons, I find that you are a Convention refugee, and I accept your claim.

——— REASONS CONCLUDED ———