2022 RLLR 87

Citation: 2022 RLLR 87 
Tribunal: Refugee Protection Division 
Date of Decision: July 25, 2022 
Panel: Kim Bugby 
Counsel for the Claimant(s): Alireza Hesami 
Country: Iran 
RPD Number: TC1-10767 
Associated RPD Number(s): N/A 
ATIP Number: A-2023-01023 
ATIP Pages: N/A 

DECISION 
 
[1]       MEMBER: So, we are just back from a break, and I am going to read the decision for TC1-10767. I have considered your testimony and the other evidence in the case, and I am ready to render my decision orally. 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.  
 
[2]       Your allegations are fully set out in the Basis of Claim. In summary, you fear persecution at the hands of the state due to your conversion to Christianity. For the following reasons, I find that you are a refugee pursuant to section 96 of the Immigration and Refugee Protection Act.  
 
[3]       I find that your identity a national of Iran is established by submission of your passport. I find you to be a credible witness and therefore, believe what you have alleged in support of your claim. There are no relevant consistencies in your testimony or contradictions between your testimony and the other evidence before me. You testified in a genuine manner about your belief in Christianity, demonstrating knowledge of the faith. You also spoke of the feeling of peace you have attained through your faith. In particular, the following evidence establishes your allegations as set out above, a letter from the XXXX of the XXXX XXXX XXXX, substantiating that you are a member of the congregation and your regular attendance and also confirming your baptism, photographs of your baptism, photographs of your attendance at church events, photographs of your attendance at churches while visiting Sweden and Russia in 2012 and 2017, social media posts and videos substantiating your membership in a Christian fellowship group, text messages and a letter from your sister substantiating that you were sought by police after you fled, and documents substantiating issues related to hijab violations. After reviewing the documents, I have no reason to doubt their authenticity. 
 
[4]       Given that there are no serious credibility issues with respect to your allegations, coupled with the documentary evidence set out below, I find that you have established a prospective risk of arrest, detention, or other serious harm in Iran. The risk is corroborated by the following documents.  
 
[5]       The objective evidence indicates that conversion from Islam into another religion in Iran constitutes apostacy, which carries a death sentence. At Tab 1.9 the reports indicate targeting and harsh treatment of religious minorities, including Christian converts from Islam. At 12.1 the evidence indicates that these groups continue to face arbitrary arrest, harassment, and detention, and are often accused of national security crimes such as acting against the national security or propaganda against the state. Under Iranian law, individuals including Christians of Muslim backgrounds can be prosecuted for the crime of apostasy. The law prohibits Muslim citizens from changing or renouncing their religious beliefs. As recently as 2018, the government executed individuals for enmity against God. Christians who were arrested were subjected to severe physical and psychological mistreatment by authorities, which at times included beatings and solitary confinement. The objective evidence clearly establishes that the treatment of religious converts by Iranian officials breaches the individual’s right to choose his or her religion and is an excessive penalty amounting to persecution for the exercise upon religious beliefs.  
 
[6]       I have examined your claim under section 96 of the Immigration and Refugee Protection Act, as I conclude that the risk you describe constitutes persecution based on at least one (1) of the grounds prescribed in section 96, specifically religion. 
 
[7]       I find that there is clear and convincing evidence that the state is unwilling to provide you with adequate protection. The agent of persecution in this case is the state.  
 
[8]       I have 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. Again, the agent of persecution is the state, and the objective evidence indicates that conditions are similar throughout the country.  
 
[9]       In light of the proceeding, I conclude that you are a refugee pursuant to section 96 of the Immigration and Refugee Protection Act. And accordingly, I accept your claim. 
 
 
——— REASONS CONCLUDED ———