2022 RLLR 88

Citation: 2022 RLLR 88 
Tribunal: Refugee Protection Division 
Date of Decision: October 6, 2022 
Panel: Avril Cardoso 
Counsel for the Claimant(s): M. Mary Akhbari 
Country: Iraq 
RPD Number: TC1-09409 
Associated RPD Number(s): TC1-09462, TC1-09463 
ATIP Number: A-2023-01023 
ATIP Pages: N/A 

DECISION 
 
[1]       MEMBER: This is the decision of the Refugee Protection Division in the claims of; XXXX XXXX XXXX, XXXX and XXXX XXXX XXXX, citizens of Iraq.  The Board designated XXXX as a representee for the children included this claim.  You are claiming refugee protection pursuant to section 96 and 97 of the Immigration and Refugee Protection Act. 
 
Determination 
 
[2]     In coming to my decision, I’ve considered and applied the Chairperson’s Gender Guidelines.  I find that you are Convention refugees for the reasons which follow. 
 
Allegations

[3]     To briefly summarize your allegations, you allege you were in an abusive marriage since 2014 and experienced persistent domestic violence which continued when you came to Canada with your ex.  You decided to claim refugee protection to avoid persecution. 

Identity  

[4]     I find that you’ve established your identities as citizens of Iraq through your testimony, your passports, birth certificates and national ID which can be found in Exhibits 1 and 7. 

Nexus 

[5]     I find that there’s a link between what you fear and the Convention grounds of particular social group of women experiencing domestic abuse and particular social group of family.  Your claims are, therefore, assessed under section 96.  

Credibility 

[6]     I found you to be a credible witness and I, therefore, believe what you’ve alleged in support of your claim.  I’ve accepted the very detailed narrative you provided and extensive corroborating documents.  In taking a trauma informed approach to your hearing, it was not necessary to question you about the aspects of your claim where I could make findings based on the extensive and detailed documentary evidence from credible sources. 

[7]     I find that you’re a survivor of domestic abuse.  You testified about your marriage and said that your parents had agreed to the marriage and while you were asked for your opinion, you just agreed as your parents approved of it.  You describe your current marital status as single and state your divorce has not been finalized.  When asked about supports during the years of abuse you describe, you said that you opened up to your mother, but society in Iraq does not value women’s decisions and choices, so you effectively had no choice. 

[8]     Your testimony that laws in Iraq are made by men and for men is very compelling.  You state your mother held those views and you were encouraged to stay in the marriage for the sake of the children.  You testified that divorced women face many difficulties in Iraq and that children are taken away from the mother by the male family members.  You testified that it is useless to go the police or the authorities as this is considered a family dispute and you reiterated that the laws are made by men and for men.  You said you could not even seek medical treatment for serious injuries sustained such as with a salad knife because your ex was guarding every movement. 

[9]     Your national ID and children’s birth certificates corroborate your marriage to your ex and which can be found in Exhibit 7.  You testified that your daughters nor you would be safe returning to Iraq as your ex asserts that you betrayed him and you would face honour killing by his family.  You said that you and your daughters would be looked down upon in society and no aid from the authorities would be forthcoming as this is considered a family dispute.  I, therefore, find that your subjective fear is established by a credible testimony and supporting documents.  

Objective Basis 

[10]     I find that the country evidence supports your subjective fears as being objectively well-founded on a balance of probabilities.  According to the Bertelsmann Stiftung Report in 1.12, despite the changes in the country’s top political offices, corruption and the lack of institutional capacity remain endemic undermining governmental performance in protecting socio-economic and political outcomes and civil liberties and the rights of citizens.  A Danish immigration source in 5.5 reports an increase in the prevalence of domestic violence and honour conflicts in the Kurdistan region of Iraq.  Honour crimes underreported due to the fear of stigma and violence from society and the family.  There are very few known cases where the victim of an honour conflict has escaped.  Divorced women face stigmatization and difficulties in Kurdish societies.  A divorced woman cannot live outside the cities. 

[11]     The UK Home Office Report in 5.8 mentions that as in most patriarchal societies gender roles have been clearly defined with women having a lower status in the family.  Women are expected to be prudent, show respect and obedience to men to the level of subservience.  Stepping out of long-held norms and honour codes are perceived as shameful, devaluing women and their families.  This made lead to honour-based killings.  Honour crimes take place in all areas of Iraq and cut across ethnic and religious lines. 

State Protection 

[12]     I’ve considered whether there’s state protection would be available to you if you return to your country and have concluded that it is not, for the following reasons.  The US Department of State Report in 2.1 reports lack of investigation and accountability for gender-based violence.  Domestic violence is not specifically prohibited under the law and thus, remains a pervasive problem.  However, the Kurdistan Regional Government or KRG criminalized domestic violence and maintained a special police force to investigate cases of gender-based violence.  NGO’s reported these steps were not effective at combating gender-based violence. 

[13]     A Danish source in 5.5 reports that women who seek protection from the police meet mixed reactions.  In some cases she is returned to the family or informed that this is a private family issue.  According to a UK Home Office Report in 5.8, there’s an inability of the law and the justice system to deter crimes against women and the continuing salience of honour as a justification for violence.  This source states that police make limited efforts to prevent or respond to societal violence, they were unwilling to meaningfully investigate killings of women and girls in the name of honour.  There’s clear and convincing evidence before me that this state is unable or unwilling to protect you. 

Internal Flight Alternative or IFA 

[14]     I’ve also considered whether a viable IFA exists for you given the widespread and prevalent attitudes towards domestic violence along with the lack of adequate state protection.  It is clear that there’s no viable IFA based on your profile and particular circumstances as a divorced women.  Freedom of movement for women is generally not respected by law or custom, women cannot obtain civil status documentation without the consent of a male relative.  This is in 1.14. 

[15]     According to the Australian Department of Foreign Affairs and Trade Reporting in 1.19, violence and a lack of security and stability largely constrain Iraqi women to traditional family roles.  Limiting their access to employment and education, under the law the father is the guardian of the children in divorce cases with some discretion for custody until the child reaches age 10.  Gender-based violence is common in Iraq and domestic violence remains a pervasive problem throughout Iraqi society, exacerbated by a lack of applicable legislation. 

[16]     There are few or no publicly provided women’s shelters, information services or support hotlines and little or no sensitivity training for police.  A European Union Agency for Asylum Report in Exhibit 16, writes that living alone as a woman is not generally accepted in Iraq because it is considered inappropriate behaviour.  Thus, women living alone will encounter negative attitudes from society and are at a higher risk of violence.  Another source mentions that the stigma of divorce was so strong that wives families forced them to stay with violent husbands. 

CONCLUSION 

[17]     Based on the totality of the evidence, I find you to be Convention refugees and I accept your claims. 

——— REASONS CONCLUDED ———