2023 RLLR 166
Citation: 2023 RLLR 166
Tribunal: Refugee Protection Division
Date of Decision: December 15, 2023
Panel: Laurie Letheren
Counsel for the Claimant(s): Aryan Yassavoli-Sani
Country: Iran
RPD Number: TC3-20270
Associated RPD Number(s): N/A
ATIP Number: A-2024-00894
ATIP Pages: N/A
DECISION
[1] MEMBER: So, these are the reasons in the claim for refugee protection made by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, file TC3-20270. You claim to be a citizen of Iran and you are claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[2] Deciding your claim, I’ve considered and applied the Chairperson’s Guideline 4 which is Women Refugee Claimant Fearing Gender Related Persecution, most commonly known as the Chairperson’s Gender Guidelines.
[3] All relevant factor such as social and cultural context in which you find yourself along with the issues of State protection and the country condition docs that I have examined at length have all been part of my interpretation and finding in your claim.
[4] Your allegations are fully set out in your Basis of Claim Form at Exhibit 2. You allege a fear of persecution at the hands of your ex-husband who is physically and XXXX abusive and controlling in your relationship and even after you left the relationship. He is a member of the XXXX and XXXX and he has used his role to harass you and disrupt you life.
[5] You’ve been charged with threatening public decency and he has threatened that you could face death sentences under charges that they have (inaudible) up which are alleging that you were opposing Islam and the Supreme leader in Iran which resulted from your arrest after your attendance of XXXX 2022 gathering in the commemoration 40 days after the death of one of the protestors who had been protesting in Iran against their regime.
[6] You are able to agree to the terms that your ex-husband placed on you, you knew that you were leaving Iran shortly thereafter, so you agreed these terms knowing that he wouldn’t know you are leaving and that was the way that you were able to able to get your release from detention in XXXX of 2022 being an active participant in the protest against the Iranian regime and its oppressive treatment of citizens in Iran.
[7] Your fears of the Islamic Iranian Government as a particular social group and your political opinion are protected under Section 96 of the Convention, therefore I have determined the claim under Section 96.
[8] As a woman, you allege you will be at risk of gender based violence and prosecution by the State by being accused of not confirming to societal roles including the dress code and other oppressive laws, you being persecuted by the oppressive laws and forced against the women in Iran.
[9] I find that you are Convention refugee pursuant to Section 96.
[10] On a balance of probabilities, you established both your personal identity and that you are citizen Iran based on the copies of your passport and other identity documents on file.
[11] I found that you were a very credible witness today. Your evidence with respect to your fear of gender based violence was internally consistent and plausible there were no contradictions or omissions that go to the core of your claims.
[12] Your allegations were supported by the documents that you provided which I found to be credible and I have given them weight in making your determination.
[13] You also submitted documents to corroborate your allegations of fear and these included the court order related to the charges laid against you while you were working in XXXX. The allegations are that you were threatening public modesty, it included a photo of the closure order that you say was placed on the door after you were arrested and the XXXX was shut down for XXXX XXXX.
[14] You also provided videos and photo stills of the events in the videos which you described as demonstration you had attended in XXXX 2022, the last demonstrations commemorating the death of other protestors.
[15] The evidence demonstrates you face a risk of persecution and harm both at the hands of your ex-husband and he can use his role in XXXX to continue to have charges laid against you and pursue the charges against you alleging you were opposed Islam and the supreme leader.
[16] I also find that you’ve established a substantial risk in returning to Iran as a woman who will be forced to comply with the obligatory dress codes and other oppressive laws imposed on women in Iran.
[17] Your actions and believes could be perceived as being contrary to the oppressive laws of Iran which puts you at a risk of further and future persecution and harm should you be returned to Iran.
[18] I therefore find that you have established a subjective fear in returning to Iran and the subjective fear is also objectively well founded based on the documentary evidence we have in the National Documentation Package for Iran which is at Exhibit Number 3.
[19] The country condition documents in the National Documentation Package are consistent with your allegations but there is a serious possibility that you face persecution in Iran. There are large number of documents in the NDP that speak to the prevalence of violence against women and the impunity taken by those who harm women.
[20] Item 1.7 report which is the UK Home Office Report states that domestic abuse is not prohibited by law and authorities consider abuse in the family as a private matter further states domestic violence is prevalent problem in Iran.
[21] The objective evidence also demonstrates that women that are victims of domestic abuse, because they are treated as women as men’s property and police or even other family members would not involved to provide any protection because it is believed that it is a private concern of the husband and wife.
[22] As a result, women are often forced to live in abusive situation with no chance to find true protections. The government imposes harsh restrictions on the rights of women and women do not receive equal treatment under the law.
[23] Government believes that it is the State’s prerogative to monitor and control women’s apparel and to protect the honour of the nation’s women.
[24] Refusing to adhere to government’s interpretation of the Islamic dress code can lead to fines, imprisonment and flogging. Hundreds of thousands of women are arrested every year wearing improper clothing or acting in a way that is considered improper.
[25] The Iranian Government continued to arrest and charge human rights women’s activist with national security crimes that do not fall under political crimes law. These prisoners are also at a greater risk of abuse and torture while in detention.
[26] The status of women in Iran, the Sharia law represents several restrictions on life, liberty of women deemed to be non-compliant, would for example, under the Penal Code, women could be appear in proper, without a proper hijab, they could face a fine or imprisonment up to 10 days.
[27] Further the evidence indicates that enforcement of the dress code against women has intensified with the objective of protecting the honour of the nation’s women in combating western cultural influences.
[28] More than two million citizens have been stopped or detained by morality police and there is also increase in the number of arbitrary arrest and detentions including physical abuse against non-compliant women.
[29] According to the US Department of States Human Rights Reports at Item 2.1, significant human rights issues include numerous reports of unlawful arbitrary killings, forced disappearance and torture by government agent and there is also systemic use of arbitrary detention and imprisonment and the judicial, the judiciary is also not impartial and particularly the revolutionary court ) indicates security establishment particularly the IRGC who work with the revolutionary court wield influence of the judiciary.
[30] And as well Item 2.3 indicates that a common pattern of short trials and long prison and death sentences as are common within the revolutionary court’s process, Iranian State reportedly monitor its citizens who are out of Iran and Iranians returning from abroad are screened on arrival in Iran just like you stated and which would cause a great risk to you as you say the allegations or the charges that were made against you would be brought back and enforced.
[31] Item 2.26 indicates that in response to the protest through the country, the Iranian authorities have escalated assault against dissent and protest through the dubious National security charges against activist and have imposed on them unfair trials.
[32] It is reported that Iranian security apparatus is using all available tactics including lethal force against protestors in response to the widespread demonstrations that have been ongoing which began after the death of Mahsa Amini in custody.
[33] So I therefore find that you have established both subjective and objective fear in returning to Iran as you would face a serious risk of persecution.
[34] I had to consider whether there is any State protection, but it would be objectively unreasonable for you to seek State protection given that the agent of harm is the State and as well because your husband is an XXXX and a member of the XXXX.
[35] I have had to consider whether there is a internal flight alternative available to you, is there anywhere were you could live safely and openly without being subject to the oppressive laws of Iran, (inaudible) the Iran’s State Security Services are centrally organised with national wide capacity.
[36] Therefore they would be no safe place for you to live as well your ex-husband being a member of the XXXX would have no difficulty finding you regardless of where you are located within Iran.
[37] So in light of all of this I conclude that you are a Convention refugee pursuant to Section 96 and accordingly I have accepted your claim. Thank you again for answering all of my questions.
[38] CLAIMANT: Thank you for your support and helping me.
[39] MEMBER: You are very welcome. And thank you counsel for assisting the claimant.
[40] COUNSEL: Thank you Madam Member. I will be able to upload the amended BOC within a couple of days if that is okay with you.
[41] MEMBER: Yeah, just to find, they will put it just as long as it is in the file.
[42] COUNSEL: Absolutely, thank you.
[43] MEMBER: Alright. Thank you very much Madam Interpreter again for your assistance.
[44] COUNSEL: Madam Interpreter, thank you very, very much, it was an amazing job, thank you. I appreciate that.
[45] INTERPRETER: You are very welcome. Good luck. Bye-bye.
[46] MEMBER: Bye-bye. Take care everyone. Alright.
[47] COUNSEL: Good bye.
——— REASONS CONCLUDED ———