2022 RLLR 90
Citation: 2022 RLLR 90
Tribunal: Refugee Protection Division
Date of Decision: May 2, 2022
Panel: Kim Bugby
Counsel for the Claimant(s): Dov Maierovitz
Country: Iran
RPD Number: TC1-05714
Associated RPD Number(s): TC1-05730
ATIP Number: A-2023-01023
ATIP Pages: N/A
DECISION
[1] MEMBER: Okay, so we are just back from a break and I am going to read the decision for TC1-05714.
[2] I have considered your testimony and the other evidence in the case and I am ready to render my decision orally.
[3] These are the reasons for the decision in the claim of XXXX XXXX XXXX and XXXX XXXX XXXX XXXX, who claimed to be citizens of Iran and are claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[4] Your allegations are fully set out in the Basis of Claim.
[5] In summary, you fear persecution at the hands of the State due to your religious opinion and your political opinion as it relates to the dictates of Islamic law.
[6] For the following reasons, I find that you are refugees pursuant to Section 96 of the Immigration and Refugee Protection Act.
[7] I find that your identity as nationals of Iran is established by submission of your passports and other identity documents.
[8] I note that once in Canada, you delayed for over a year before claiming refugee protection. However, you indicate that you first travelled to Canada to study and work in the hopes of becoming permanent residents.
[9] When the pandemic changed the world situation, you feared that your plans would be disrupted and, therefore, sought legal advice.
[10] Learning that it would be appropriate to seek refugee protection in your particular circumstances, you filed your claims.
[11] This explanation seems reasonable in your alleged circumstances and, therefore, does not raise significant concerns with respect to subjective fear or credibility.
[12] I find you to be credible witnesses and, therefore, believe what you alleged in support of your claims. There were no relevant inconsistencies in your testimony or contradictions between your testimony and the other evidence before me.
[13] You testified about your varied family backgrounds, the impact of travel and access to the internet in broadening your perspective, and your reasons for the rejection of Islam and the adoption of atheism.
[14] In particular, the following evidence establishes your allegations as set out above: Letters of support from your sisters substantiating your respective upbringing and your decision to move away from Islam.
[15] Principal claimant’s XXXX XXXX XXXX and related photographs. Family photographs illustrating the respective religious environments within your families.
[16] School photographs picturing the principal claimant wearing the mandatory hijab in contrast to private photos without. Medical records related to the principal claimant’s father. And media articles substantiating that Zumba is banned and detailing related arrests.
[17] After reviewing the documents, I have no reason to doubt their authenticity.
[18] 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.
[19] The risk is corroborated by the following documents: 12.1 indicates that the law prohibits Muslims from changing or renouncing their religious beliefs. Conversion from Islam is considered apostasy, a crime punishable by death.
[20] 2.4 indicates that freedom of religion and belief was systematically violated in law and practice.
[21] The authorities continued to impose on people of all faiths and the atheists codes of public conduct rooted in a strict interpretation of Shia Islam. Further noting that the right to change or renounce religious beliefs continued to be violated.
[22] Those who professed atheism remained at risk of arbitrary detention, torture and the death penalty for apostasy.
[23] At 2.6, renouncing the Islamic faith without adhering another faith or questioning Shia Islam is considered apostasy and can be punished as such. It is noted that in Shia Islam, apostasy committed by a Muslim-born person is punishable by death.
[24] 12.14 indicates that atheists are at risk of persecution, including arrest, imprisonment and possible execution. Atheism is not recognised In Iran. Any Muslim who abandons his faith may face the death penalty for apostasy.
[25] A child born to a Muslim father is considered a Muslim by the Iranian government and ex-Muslim atheists are guilty of apostasy.
[26] The objective evidence clearly establishes the treatment of religious converts or those who renounce their faith by Iranian officials breaches the individual’s right to choose his or her religion and it is an excessive penalty amounting to persecution for the exercise of one’s beliefs.
[27] I have examined your claims 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 of the grounds prescribed in Section 96, specifically religion and political opinion.
[28] I find that there is clear and convincing evidence before me that the State is unwilling to provide you with adequate protection. The agent of persecution in this case is the State.
[29] I have also examined whether a viable internal flight alternative exists for you. Based on the evidence on file, I find that you would face a serious possibility of persecution throughout Iran.
[30] Again, the agent of persecution is the State and the objective evidence indicates that the State maintains strict and effective control over its entire territory.
[31] In light of the proceeding, I conclude that you are refugees pursuant to Section 96 of the Immigration and Refugee Protection Act, and accordingly, I accept your claims.
——— REASONS CONCLUDED ———