2022 RLLR 96

Citation: 2022 RLLR 96 
Tribunal: Refugee Protection Division 
Date of Decision: May 26, 2022 
Panel: Nicholas LeBlanc 
Counsel for the Claimant(s): Maureen Silcoff 
Country: Sri Lanka 
RPD Number: TC0-05964 
Associated RPD Number(s): TC0-05997, TC0-06003, TC0-06014, TC0-06015 
ATIP Number: A-2023-01023 
ATIP Pages: N/A 

DECISION 
 
[1]        MEMBER: This is the decision in the claims for refugee protection made by XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX XXXX. You are claiming to be citizens of Sri Lanka and are claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act. The principal claimant was designated as a designated representative for his two (2) minor children and he confirmed during the hearing that he understood his responsibilities as a designated representative. I have considered your testimony and the other evidence in the case and I am ready to render my decision orally.  

 
DETERMINATION 
 
[2]        I find you are all Convention refugees. I find the principal claimant to be a Convention refugee on the grounds of his imputed political opinion, and the associate claimants through their membership in a particular social group of family, given their relation to the principal claimant, for the following reasons.  

 
ALLEGATIONS 
 
[3]        You allege the following. You are citizens of Sri Lanka and allege a fear of persecution in Sri Lanka at the hands of the police and XXXX XXXX , XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, a powerful and highly connected businessman, due to the principal claimant’s work in the XXXX industry. The principal claimant alleges to have supported the Janatha, J-A-N-A-T-H-A, Vimukthi, V-I-M-U-K-T-H-I H-V, Peramuna, P-E-R-A-M-U-N-A party, JVP, in the 2018 local election and organized committees and petitions against powerful XXXX giants. Through his work as an executive member of the XXXX XXXX XXXX XXXX, XXXX, in Sri Lanka. As a result, the principal claimant alleges to have received a number of threatening calls and visits and was nearly kidnapped on XXXX XXXX, 2018. The principal claimant further alleges that there was a kidnapping attempt on his children on XXXX XXXX, 2019, while they were leaving school. The principal claimant was arrested on XXXX XXXX, 2019 and accused of supporting Muslim extremists. You all allege if returned to Sri Lanka, you will be arrested or possibly killed at the hands of authorities and corrupt businessmen. You allege that there is no state protection for you or internal flight alternative available.  

 
Identity 
 
[4]        Your personal identities as citizens of Sri Lanka have been established by your testimony and the supporting documents filed in the exhibits, namely the certified true copies of your Sri Lanka passports and birth certificates for all claimants, as well as copies of the resident identity cards for the three (3) adult claimants. These can all be found in Exhibit 1. I therefore find on a balance of probabilities that identity and country of reference have been established.  

 
Nexus 
 
[5]        I find there is a link between what you fear and a Convention ground, namely imputed political opinion, due to the principal claimant’s work with the JVP and UPMA where he and his colleagues called out the XXXX mafia in Sri Lanka and wrote petitions to their local MPs. The principal claimant also alleged to deal with local Muslim farmers and was arrested as a result of his perceived connection to the Muslim extremists. I find all four (4) associate claimants have a link to the Convention through their familiar relationship to the principal claimant, and therefore their links are through their membership in a particular social group. I therefore assessed your claims under section 96. 

 
Credibility 
 
[6]       In terms of your credibility, I found you both to be credible witnesses. I note the principal claimant provided the majority of the testimony in this hearing. Sir, I found that your testimony was straightforward, detailed, forthcoming, you did not embellish your testimony. I also found there were no major omissions or inconsistencies in your testimony. Ma’am, I also found that your testimony was straightforward, detailed, and consistent with the allegations before me. I note that the allegations in this claim are extensive and involve a number of incidents, people, and places. Sir, I found you to have testified in great detail in a consistent manner surrounding the issues you experienced. I note that I questioned you in a manner that changed between timelines, and I did not question you in the order that they occurred. I found that you still provide consistent details and I find this adds to your credibility. I note that you told me about the XXXX industry, including the XXXX mafia and how it is led by XXXX XXXX, who has connections to powerful politicians. You told me about the work you did in helping to establish a XXXX XXXX XXXX XXXX XXXX who wrote petitions to government officials and filed complaints against the XXXX mafia. You told me about your political work in support of the JVP, including why you chose to support them and the type of work you did for them.  

 
[7]        In regard to your incidents of harm, including the attempt to kidnapping on XXXX XXXX, 2018, the attempted kidnapping of your son, and your arrest on XXXX XXXX, 2019. I found that you that you both provided consistent details and I find that you have established these incidents on a balance of probabilities. You provided a number of documents that support your claim, such as proof of your ownership of the XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, documents from the XXXX XXXX XXXX XXXX, including the group’s petition and minutes from meetings in the election where you were named as an XXXX XXXX, insurance claim forms from the XXXX 2017 and XXXX 2018 incidents, medical reports corroborating the XXXX XXXX, 2018, XXXX XXXX, 2018, and XXXX XXXX, 2019 injuries you sustained, police extracts pertaining to the threat you received in XXXX 2018, and a report pertaining to the attempted kidnapping of your children in XXXX 2019. I also note that you provided a letter from your children’s school supporting their absence from school and the attempted kidnapping, as well as a number of affidavits from family, friends, neighbors, and colleagues who were present or aware of the issues you and your family went through in Sri Lanka. I note no issues on the surface of these documents and I find them to further support your credibility.  

 
[8]       In regard to your travel to New Zealand, I note that you traveled after a threat that you received. When asked about this, you told me that you thought things would get better, and you were motivated to return and continue to operate your father’s business. With respect to your travel to Singapore in XXXX 2019, you again told me that you thought things would be better for you upon return, and at that time, you were in hiding and they would not be able to find you. I do not fully accept these explanations, given the severity of an attempted kidnapping, which occurred prior to your travel in Singapore. However, for the purposes of your travel to New Zealand, I am willing to accept this explanation. At this point in time, you had only received verbal threats and a minor attack. With respect to the Singapore travel, given your testimony about the power of XXXX XXXX, I do have concern about your travel and return to Sri Lanka. However, I do note that one (1) of the more serious incidents, which occurred to you in XXXX 2019, was when you were arrested and accused of supporting Muslim extremists. I note this occurred after your return to Sri Lanka following your travel to Singapore. Given this, the credible testimony, and documentation provided in the forward-looking nature of refugee law, I do not find your travels to New Zealand and Singapore sufficient to undermine your overall credibility and your subjective fear. I therefore find your subjective fear is established and I believe what you have alleged on a balance of probabilities.  

 
Objective Basis 
 
[9]        I also find there is an objective basis for what you fear in Sri Lanka. According to Items 4.2, 1.8, 1.9, and 1.10 of the National Documentation Package, NDP, for Sri Lanka, four (4) political parties have dominated the political landscape. These include the United National Party, UNP, the Sri Lanka Freedom Party, SLFP, the Janatha Vimukthi Peramuna, JVP also known as the People’s Liberation Front, and the Illankai Tamil Arasu Kachchi, ITAK. Since 1947, political power has largely been held by the UNP and the SLFP. Further sources note that elections have been historically volatile periods in Sri Lanka, and local politics in Sri Lanka is intimately linked to national politics and local politicians are mostly members of the national political parties.  

 
[10]        According to the US DOS report at Item 2.1, there are reports where the government or its agents committed arbitrary or unlawful killings in 2020, that there is widespread corruption prevalent throughout Sri Lanka, and that police and officials often engage in corrupt practices with impunity. There are often politically-motivated killings, and government officials use COVID-19 health guidelines to prevent opposition political rallies, while pro-government rallies proceeded with no issues. According to Item 1.8, police in Sri Lanka continue to routinely torture and ill treat individuals taken into custody in order to extract confessions, but also for personal vendettas or to extort funds. Item 2.3 echoes this and states that the police and security forces are known to engage in abusive practices. This includes extrajudicial executions, forced disappearances, custodial rape, and torture. I note the preponderance of references in the NDP regarding political turmoil and corruption in Sri Lanka. In considering the principal claimant’s credible testimony surrounding his work with the JVP and the UPMA and his work against XXXX XXXX and the XXXX mafia, I find the principal claimant’s allegations that he was targeted by highly corrupt businessman with connections to high level and corrupt government officials to have an objective basis.  

 
[11]       In regard to your forward-looking risk, I note you have testified and provided supporting documentation regarding the continued search for you, including how your employee was approached in XXXX 2021, and your former neighbor at your XXXX XXXX was also approached in 2022. I therefore find that you have a well-founded fear of persecution. 

 
State Protection  
 
[12]      In regard to possibility of obtaining state protection, I note that the agents of persecution in this case are the state, and corrupt businessmen who have connections to state authorities. I also note that on a number of occasions, you sought protection from the police, however nothing was done to adequately assist you. Accordingly, I find there is no state protection available to you on a balance of probabilities. 

 
Internal Flight Alternative  
 
[13]       I have also considered whether a viable internal flight alternative exists for you. According to Item 1.9 of the NDP, Sri Lankan authorities maintain effective control throughout the country, and individuals are unlikely to relocate internally with anonymity. Given your fear of the state and people connected to the state, I find there is no viable internal flight alternative available to you in Sri Lanka. 

 
CONCLUSION 
 
[14]       Based on the totality of the evidence, I find you all to be Convention refugees. Therefore, your claims are accepted. This concludes today’s proceeding. 
 
 
——— REASONS CONCLUDED ———