2022 RLLR 86

Citation: 2022 RLLR 86 
Tribunal: Refugee Protection Division 
Date of Decision: June 20, 2022 
Panel: M. Robinson 
Counsel for the Claimant(s): Peter R. Neill 
Country: Iran 
RPD Number: TC1-11447 
Associated RPD Number(s): N/A 
ATIP Number: A-2023-01023 
ATIP Pages: N/A 

DECISION 
 
[1]      MEMBER: I have considered your testimony and the other evidence in this case and I am ready to render my decision orally.   

[2]      These are the reasons for the decision in the claim of XXXX XXXX, who claims to be a citizen of Iran and is claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.    

ALLEGATIONS 
 
[3]      Your allegations are found in your Basis of Claim form and narrative in Exhibit 2 as well as the oral testimony given today.   

[4]      In brief summary, you allege persecution in Iran at the hands of the Iranian state and authorities for your religious conversion from Islam to Christianity.    

DECISION 
 
[5]      I find 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 on account of your religion.   

IDENTITY 
 
[6]      I find that your identity as a national of Iran is established by the documents provided, primarily relying on the certified copy of your passport in Exhibit 1.  

CREDIBILITY 
 
[7]      I did find you to be a very credible witness and therefore believe what you have alleged in support of your claim. You testified in a natural and straightforward manner and there were no relevant inconsistencies in your testimony or contradictions between your testimony and the other evidence before me.    

[8]      You described firstly your introduction to Christianity attending a close friend’s wedding and how you observed differences in how men and women were viewed and treated in contrast to the Muslim weddings that you had attended.  You explained that you felt like women were more viewed as property during the Islam weddings and at the Christian wedding you attended, the women and men were viewed more equally.  After this, you became interested in Christianity and when you went through a particularly difficult period after losing your job, your friend invited you to her churches which you began attending although as you explained, irregularly, and this was around 2005.  Over time as Iranian authorities made it increasingly difficult for you to attend in churches, a friend from the XXXX XXXX that you had been attending began hosting a house church which you attended as well.  

[9]      In XXXX of 2020 at a house church meeting, police officers  raided this and arrested you. You explained how you were held for three days at XXXX XXXX and released after signing an undertaking.  After this, you additionally allege that you have received summons for the Revolutionary Court and you left Iran on your Canadian visa, visitor visa, and shortly after arriving in Canada initiated your claim.    

[10]      Further, you gave detailed testimony regarding your baptism, the baptism classes, and the ceremony itself since you’ve been in Canada alongside testimony of recent church services that you’ve attended at your church, as well as the themes and meanings of these topics in your own life, and also told of a meaningful biblical story and what it has meant for you as well.    

[11]      To corroborate the allegations, you have provided documentary evidence in Exhibit 5 and 7. After reviewing your personal discourse, I have no reasons to doubt the authenticity of the documents, and I do give significant weight to the following documents in particular in establishing your allegations.   

[12]      First is the letter of support from the church that you currently attend in Vancouver.  This details the timeline of your attendance as well as your attendance at baptism classes and online services, a copy of your baptism certificate and photographs of yourself at your baptism during the ceremony, photographs of yourself visiting churches in Italy while on vacation as well, detailed letters of support from your husband and your sister.  The letter from your husband states that he observed a positive impact of your learning and practice of Christianity in your life and also details your arrest and imprisonment in XXXX 2020 and attests to the summons that you received in 2020 and 2021.  The letter from your sister also corroborates the problems that you’ve had throughout life with the Islamic rules and restrictions and your sister’s knowledge of your practicing Christian faith and attending house church meetings in Iran.  And finally, you’ve also given a copy of the summons which was issued at the end of XXXX 2020 and this indicates the investigation for crimes for denying Islam.  

[13]      I therefore find that you are a genuine convert to Christianity from Islam and that you have regularly practiced your faith in both Iran and in Canada and that authorities did arrest you and have issued a summons to you in relation to this in Iran. I find that you have established your subjective fear.  

OBJECTIVE BASIS 

[14]      Given that there are no serious credibility issues with respect to the allegations coupled with the documentary evidence, I do find that you have established a forward facing and well-founded fear of persecution in Iran.  This risk is corroborated by the National Documentation Package, the NDP for Iran in Exhibit 3 and country documents provided as well in Exhibit 6.   

[15]      Overall, the NDP and in particular item 2.1 indicates that Iran has an ongoing extremely poor human rights record.  2.1 states that Iran is an authoritarian theocratic republic with a Shia Islamic political system.  Item 12.1 further shows that the Iranian state places egregious restrictions on the freedom of religion.  It states that the penal code prohibits Muslim citizens from changing or renouncing their religious beliefs.  Converts to Christianity from Islam are excluded from permission to worship and to form religious societies within the limits of the law. It also notes that religious crimes are also prosecuted as crimes against national security and against the state and punishment for religious crimes can include death sentences.   

[16]       Item 12.2 further indicates that Iran has increased persecution of Christian converts in particular and has drastically escalated its arrest of Christians while religious freedom continues to deteriorate across the country.  Religious reformers and dissenters also face prolonged detention and human rights abuses while in detention as well as, as stated, possible execution.  
 
[17]       Country documents as well in Exhibit 6 further illustrate the ongoing surveillance practices of the state on known Christian converts and members of house churches.  There is also evidence in item 12.15 that the Iranian state monitors its diaspora abroad including Christian converts and that state authorities regularly harass and also may target and use family members in Iran in order to pressure converts to return to face prosecution.   
 
[18]       I therefore find your subjective fear has an objective basis.  
 
NATURE OF THE HARM 
 
[19]       I have examined your claim under Section 96 of IRPA as I conclude the risk you describe constitutes persecution based on one of the grounds in the refugee convention, specifically your religion.  I find that as a convert to Christianity from Islam, you are at risk of harassment, arrest, detention, physical harm, and an inability to practice your faith in Iran.   
 
STATE PROTECTION 
 
[20]      I find it would be objectively unreasonable for you to seek the protection of the state in light of your circumstances as the agents of persecution is the state itself.   
 
INTERNAL FLIGHT ALTERNATIVE 
 
[21]       I have also examined whether a viable Internal Flight Alternative exists for you. Based on the evidence on file, I find that you face a serious possibility of persecution throughout Iran. Iranian authorities maintain control of all parts of the country and there is no part of Iran where you would be free to practice your faith or that the laws would allow you to do so.  I therefore find there is no Internal Flight Alternative available to you.   
 
CONCLUSION 
 
[22]       In light of the preceding, I conclude that you are a refugee pursuant to Section 96 of the Immigration and Refugee Protection Act and accordingly I accept your claim today.   
 
 
——— REASONS CONCLUDED ———