Citation: 2022 RLLR 77
Tribunal: Refugee Protection Division
Date of Decision: April 7, 2022
Panel: Laurie Letheren
Counsel for the Claimant(s): N/A
Country: Iran
RPD Number: TC1-18822
Associated RPD Number(s): N/A
ATIP Number: A-2022-01960
ATIP Pages: N/A
DECISION
[1] MEMBER: We’re back on the record, and as indicated to you, I have already considered your testimony, and I have found that I’m accepting your claim as a refugee. But I’m just now going to deliver my oral reasons, that I must do more thoroughly.
[2] So these are the reasons in the claim for refugee protection, made by XXXX XXXX XXXX, TC1-18822.
[3] Your allegations are fully set out in your Basis of Claim.
[4] In summary, you fear persecution on a number of interconnected grounds. Your brother, XXXX, was a passenger on Ukrainian Flight PS752, which was shot down by the Iranian Revolutionary Guard on January 8th, 2020.
[5] In the aftermath of your brother’s death, you began to experience persecution by the Iranian regime, and the Iranian Revolutionary Guard, the IRCG (sic), when you posted messages on Instagram, in which you opposed the government’s claim that the airline had been shot down in error. You indicated this was not true, this was a lie. After making such posts, you received a threat that if you continued to make such posts, you would be harmed.
[6] A member of the IRGC connected with your brother-in-law to force you stop, and if you disagreed with the regime and the IRGC, if you continued with this disagreement you could be harmed further, was the threat that you were told.
[7] You also disagreed with the regime and the IRGC, that the victims of this airline tragedy would be buried as martyrs. You argued that they are victims, and not martyrs. And because of this, you were also harassed.
[8] After posting about the truth of what happened on Flight PS752 on your Instagram, your account was hacked, and then it was blocked and taken down.
[9] You described all the security restrictions that were put on you and your family prior to, and at, your brother’s funeral. You were not permitted to see your brother’s body. The Iranian regime did the autopsy, they put your brother’s body in a coffin, and you and your family had to travel to Tehran under high security.
[10] You explained that the reason for doing this was so that you wouldn’t have any opportunity to see, or speak to, the other family members of the victims. And despite your protests, your brother was buried in the section which the Iranian regime deemed would be the area where martyrs are buried. And you were not allowed to attend at the grave for the funeral.
[11] You learned about the Association of Victims’ Families of Flight PS752 through Instagram, while you were in Iran, and you connected with them. You also contacted a lawyer at XXXX XXXX, who had reached out to you after you posted your messages on Instagram.
[12] Members of the Association of Victims’ Families of Flight PS752 encouraged you to apply for your visa and come to Canada, and you described the process for doing that.
[13] You described how it was still very difficult for you and your family after your brother was killed, and the treatment that you experienced, that you decided to wait a little while in Iran before you could come to Canada. But feeling better and feeling stronger, and also fearing the harm that you could experience if you continued with your activities in seeking justice for your brother and the other victims, you fled Iran and came to Canada on XXXX XXXX XXXX 2021. And at that point you filed a claim for refugee protection.
[14] You’d explained how difficult your brother’s death was for your whole family, and how difficult it has been for you since you’ve come to Canada. You continued to pursue the justice for your brother and the victims of this flight, horrendous experience of what the victims’ families have been through. And as well, to seek justice for what has occurred to the victims.
[15] You participated in a class action that is still ongoing, and you’ve retained XXXX XXXX, who have filed a separate claim against the Iranian regime and the IRGC.
[16] You showed me the correspondence you’ve had with members of XXXX XXXX, related to your retaining them to pursue the action against them. You showed me a power of attorney, on behalf of your brother, that was signed by you and the other members of your family as well.
[17] You’ve been a member of the Association of Families Victims of Flight PS752 (sic), and through this association, as a member, you’ve been critical of the Iranian government on social media, on several platforms.
[18[ You’ve attended protests at downtown locations, and you showed me a few photos of your attendance. You indicated that because of COVID, you weren’t able to have so many organized events, but you did show me a photo of you in the streets, and the city square, that you said was in XXXX of 2021. Photos show you holding a placard of your brother. And you also described that in the photo is another placard of a young man, who you said was your brother’s friend, who was also a victim on that flight.
[19] You said that you’ve been in contact with this young man’s mother, who explained how that family has been threatened and harassed in Iran, and are currently living under house arrest.
[20] You showed me as well, your correspondence with an officer you said was XXXX (ph), at the RCMP. And you told me of the interview you had in Canada, with the RCMP, who are investigating the intimidation and the threats and the treatment of the families of the victims of Flight PS752. And that later this month, you will be having a meeting with the RCMP who will update you on the status of that investigation.
[21] You testified that in your understanding, that if you were to return to Iran now, you would be detained upon entry into that country, and you would likely be detained and be gravely harmed if you were detained, because of your continued actions to seek justice for your brother and the other victims.
[22] So I’ve found that you are a refugee, pursuant to Section 96 of the Immigration and Refugee Protection Act¸ as there exists a serious possibility of persecution should you return to Iran, due to your political opinion, based on your public criticism of the government’s action, and also as a member of a particular social group, namely, family members of victims of Flight PS752.
[23] I found that you established your identity and your citizenship in Iran by your evidence today, as well as the submission of your Iranian passport, which is in the file.
[24] I found you to be a very credible witness today. I know it was difficult for you to answer these questions, but you were very straightforward and thorough, and did your best as to answer all of my questions in a very sincere and straightforward manner.
[25] I believe what you alleged in support of your claim. There were no inconsistencies in your testimony, or contradictions between your testimony and the other evidence, and what you had outlined in your Basis of Claim form.
[26] You provided me, as I indicated, with documentary evidence in the photographs, the emails, and I had no reason to doubt the authenticity of all of those documents. So after reviewing all this evidence, I have found that you have established that you have a subjective fear of returning to Iran.
[27] As well, based on your testimony, the objective evidence that I have, in the National Documentation Package for Iran, which I discussed at the beginning of the hearing, it has definitely outlined the objective evidence that supports what you allege.
[28] In particular, Tab 2.1, reports indicate that government severely restricts freedom of speech, and uses law to intimidate, or prosecute, persons who directly criticize the government or raise human rights issues. Those who speak out or criticize the government, are accused of instigating crimes against the State, national security, or insulting Islam. Individuals are not permitted to criticize the country’s system of government, Supreme Leader, or official religion.
[29] Reports cite significant human rights issues, including numerous reports of unlawful or arbitrary killings, forced disappearance and torture by government agents, as well as systemic use of arbitrary detention and imprisonment, severe restrictions of religious freedom. These are among the many abuses being perpetrated by officials as a matter of government policy.
[30] The report further notes that the government collected personally identifiable information in connection with citizens’ peaceful expression of political, religious, or ideological opinions or beliefs, and harassed persons who criticize the government, or raise sensitive social problems. Bloggers, social media users, and online journalists continue to be arrested, and this seems to be in line with what you have experienced as well.
[31] Section 4.4, specifically in relation to Flight PS752, sources report that Iranian security forces used live ammunition on protesters in Tehran, on the 12th of January, 2020, and direct threats were made by state security and intelligence agent against students participating in peaceful sit-ins, hospitalized protesters who had been injured by security forces and against the families of the victims. This certainly aligns with the evidence that you gave me today about your, and your family’s experiences.
[32] The May 2020 Human Rights Watch article reports that since April 2020, courts in Iran have sentenced at least 13 people to prison terms, apparently solely for peacefully protesting the downing of Ukrainian Airline Flight PS752.
[33] A retired professor indicated that the government has threatened individuals who have publicly criticized PS752 incident. An associate professor reporting that two (2) individuals who attended the ceremony for the victims of Flight PS752 were arrested and sentenced, with one (1) person being sentenced to five (5) years, and the other to two (2) years, in detention.
[34] The same sources stated that mistreatment by the authorities of anti-government activists included those returning from abroad.
[35] Further, the authorities have threatened family members of individuals who spoke out about Flight PS752, and the incident and circumstances of the downing of that flight.
[36] Given your involvement in seeking justice for the victims, your brother, and the other victims of Flight PS752, paired with the objective evidence I’ve just discussed, I find that you’ve established a serious possibility of persecution in Iran.
[37] I’ve examined your claim under Section 96 of the Immigration and Refugee Protection Act, and as I conclude, the risk you describe constitutes persecution based on at least one (1) of the grounds prescribed in Section 96, specifically, political opinion based on your public criticisms of the government’s actions, and also as a member of a particular social group, being a family member of a victim of Flight PS752.
[38] I find that there’s clear and convincing evidence that the State is unwilling to provide you with adequate protection, given that the State itself is the agent of protection (sic).
[39] I also had to examine whether there’s a viable internal flight alternative that exists for you; would there be a safe place for you to live in Iran; and would it be reasonable and practical for you to live there.
[40] But based on the evidence on file, I find that you would face this serious possibility of persecution throughout Iran, regardless of where you relocated should you return. The objective evidence indicates the conditions are similar throughout the country.
[41] The government maintains effective control throughout the country, and again the agent of persecution is, in fact, the State.
[42] So for all these reasons, I’ve concluded that you are a refugee, pursuant to Section 96, and I’m accepting your claim.
——— REASONS CONCLUDED ———