2023 RLLR 185

Citation: 2023 RLLR 185
Tribunal: Refugee Protection Division
Date of Decision: September 14, 2023
Panel: M. Israel
Counsel for the Claimant(s): Joseph W. Allen
Country: Sri Lanka
RPD Number: TC1-13704
Associated RPD Number(s): N/A
ATIP Number: A-2024-01010
ATIP Pages: N/A

DECISION

INTRODUCTION

[1] XXXX XXXX XXXX the claimant, a citizen of Sri Lanka, seeks refugee protection pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection Act (IRPA).

ALLEGATIONS

[2] The claimant alleges the following in his Basis of Claim Form narrative (BOC):

[3] In XXXX 2013, he was living in the family farm in XXXX. Three armed soldiers came and asked him to come to their army camp because there was a suspicion that he was associated with LTTE activities. The claimant alleges he was beaten and tortured. He was asked to sign a document indicating he belonged to the LTTE, but he refused. He was threatened with death and warned not to report to a human rights organization, and then he was released. He received medical treatment after his release.

[4] Two days later the soldiers returned to his house, the claimant was warned not to go anywhere, and they said they will come again. He was also told if he tried to escape, he would be arrested and killed.

[5] He contacted a friend who helped him get to Colombo on XXXX XXXX, 2013, and he left Sri Lanka on XXXX XXXX, 2013, and traveled to Bangkok. He worked in Bangkok, but he had no permanent visa. His girlfriend was living in Montreal, and he decided to join her. He left Thailand on XXX XXX, 2018, and traveled to Mexico where he was detained for 84 days. He was released on XXXX XXXX, 2018. He traveled to the United States on XXXX XXXX, 2018, and made a refugee claim, but with the intention to join his girlfriend in Montreal.

DETERMINATION

[6] The panel finds if the claimant were to return to Sri Lanka, he would be at risk persecution pursuant to section 96 of the IRPA, because of his Tamil ethnicity. Therefore, his claim is accepted.

ANALYSIS

Identity

[7] The claimant’s identity documents were taken by Mexican authorities. He has however submitted a birth certificate and letters from relatives in Sri Lanka with identity documentation. The panel finds on a balance of probabilities, this documentation is sufficient to confirm the claimant’s Sri Lankan citizenship.

Credibility

[8] The claimant was examined as to his allegations, and he testified as to the alleged incidents in Sri Lanka without any inconsistencies with documentary evidence. He was asked why he believed he was arrested and attacked, and he responded he was a young Tamil man.

[9] The claimant was asked what he did after the two incidents, and he responded his cousin’s friend helped him travel to Colombo. He was asked whether he had any evidence from this friend, and he said no and he made no effort to obtain evidence.

[10] The claimant was asked how he managed to avoid the checkpoints between the north and Colombo if the military were pursuing him. He responded his cousin did everything and he paid a bribe.

[11] The claimant was asked whether he had a passport and he said: “yes”. He further testified he did not go to a passport office, and in Sri Lanka if you paid, you could obtain a passport. He also testified his cousin made the arrangements, and he had no problems exiting Sri Lanka using bribes again.

[12] The claimant testified he lived in Thailand for 3 and a half years and then traveled to Mexico where he was detained for 3 months and then told to leave. He further testified he traveled to the United States where he was detained for 9 months. He also testified he made a refugee claim in the United States, and he was released from detention and promised to appear for a hearing. He participated in an inquiry, and he was given a document indicating the process would proceed. After 3 days he traveled to Canada

[13] The claimant was asked whether his claim was considered in the United States, and he responded he was given the opportunity to continue. He further testified he travelled to Canada in XXXX 2019 and made a claim at the border.

[14] The claimant disclosed a number of documents in support of his claim. A letter from his aunt who lived near his home in Sri Lanka confirms he fled the country after a beating by army members.¹ A BOC Update indicates he was accused of meeting LTTE persons abroad and he was pursued at his aunt’s house after he left Sri Lanka.² A BOC amendment states that because he does not have a passport he will be handed over to the CID and detained and possibly ’disappeared”. It is further stated that the claimant’s aunt informed him that the Sri Lanka army continues to search for him.³ United States documentation confirms the claimant’s refugee clam has been considered by immigration authorities, his allegations have been found to be credible, and the consideration of his claim was continued.⁴

[15] The panel has reviewed objective country documentation. It is indicated that Tamils remain subject to racial and ethnic violence and discrimination. It is further indicated that Tamils are regularly monitored and harassed.⁵ In addition, objective country evidence indicates that returning failed asylum seekers are considered to be traitors, placed on a watch list, likely to be detained if left illegally, and turned over to the CID.⁶ The panel acknowledges there has been a change in government but finds it is too early to assume there is a substantive change in attitudes and practices concerning the treatment of Tamils.

CONCLUSION

[16] The panel finds the claimant was a credible witness and his allegations are true. The panel further finds that if he were to return to Sri Lanka, he would be at risk of persecution pursuant to section 96 of the IRPA because of his Tamil ethnicity. Therefore, the panel finds the claimant is a Convention refugee and his claim is accepted.

——— REASONS CONCLUDED ———

¹ Disclosure, February 8, 2022, RAD Package, Exhibit 1

² Ibid, A letter from the claimant’s aunt

³ Disclosure, March 28, 2023, Exhibit 5

⁴ Disclosure, September 1, 2021, Exhibit 7

⁵ National Documentation Package (NDP), September 23, 2022, item 2.1

⁶ Ibid, item 14.7