2023 RLLR 201
Citation: 2023 RLLR 201
Tribunal: Refugee Protection Division
Date of Decision: December 12, 2023
Panel: Rebecca Moffat-Vallée
Counsel for the Claimant(s): Michael Dorey
Country: Rwanda
RPD Number: TC3-22974
Associated RPD Number(s): N/A
ATIP Number: A-2024-01010
ATIP Pages: N/A
DECISION
INTRODUCTION
[1] This is the Refugee Protection Division’s decision in the claim made by XXXX XXXX XXXX (the “claimant”), a citizen of Rwanda who is claiming Canada’s protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act (the “Act”).[1]
ALLEGATIONS
[2] The claimant’s detailed allegations are contained in his Basis of Claim (BOC) and narrative. Briefly, the claimant is a XXXX-year-old man from Kigali who came to Canada by way of a student visa. He fears persecution from the Rwandan government and its actors based on his father’s political opinion.
DETERMINATION
[3] I find that the claimant is a Convention refugee, as he has established that he faces a serious possibility of persecution in Rwanda based on an imputed political opinion, and/or membership in a particular social group as a close family member of one perceived to be an opponent of the government.
ANALYSIS
Identity
[4] I find that the claimant’s personal and national identity as a citizen of Rwanda is established on a balance of probabilities by way of the certified true copy of his Rwandan passport on file[2] as well as by the copy of his Birth Registration certificate from Rwanda’s Civil Registrar’s Office, confirming that the claimant was born in Rwanda.[3]
Credibility
[5] When a claimant swears to the truth of their allegations, this creates a presumption that those allegations are true, unless there is reason to doubt their truthfulness. In this case, I had no reason to doubt that the claimant was being truthful in is testimony. At the hearing, he gave testimony that was clear, direct, and spontaneous. He answered my questions readily and without embellishment and was not hesitant to tell me that he did not know the answer to a question I asked when that was the case. The nature of the claimant’s allegations is such that his parents hold most of the relevant information that would establish their political involvement and targeting by Rwandan officials; unfortunately, the claimant and his elder brothers (who are now in France) have lost contact with their parents and are unable to avail themselves of any information they hold. I therefore focused my questioning on the documents presented by the claimant and the timeline put forward in his narrative. There were no material inconsistencies or contradictions within the claimant’s evidence that were not reasonably explained or that undermined his credibility in respect of his central allegations.
[6] The claimant alleges that he arrived in Canada on XXXX XXXX, 2021 by way of a student visa, and that he began his studies in XXXX 2022. In late XXXX 2022, he began having difficulty reaching his father, and because his father was financing his education, the claimant was unable to continue his studies past the first semester of his program. The claimant testified that his mother began communicating with him differently, in the sense that she clearly avoided talking about certain subjects and individuals. In mid-to-late XXXX 2022, the claimant’s mother finally shared with him that his father is a member of the Rwanda National Congress (“RNC”) and had fled on XXXX XXXX, 2022 after being summonsed for questioning by the Rwanda Investigation Bureau (“RIB”). The claimant testified that he was previously unaware that his father was a member of the RNC and he was unable to provide any information about his role and activities within the party.
[7] On XXXX XXXX, 2022, the claimant learned from his mother that she had also received a summons from the RIB for the following day, and that she and his three brothers were going to try to save themselves by leaving home. This was the last time the claimant communicated with his mother. A few months later, the claimant received communication from two of his brothers, wherein they stated that they are in France but have lost contact with their mother and younger brother.
[8] In support of his claim, the claimant filed the following documentation, among others:
– Copies of the front and back of his father’s RNC membership card issued in 2018;[4]
– A letter from XXXX XXXX XXXX, XXXX of the XXXX XXXX XXXX XXXX XXXX, dated XXXX XXXX, 2019 and confirming that the claimant’s father has been an active member of the RNC since XXXX 2018;[5]
– A copy of the summons addressed to the claimant’s father, dated XXXX XXXX, 2022, summoning him to the RIB offices at 8:00 a.m. on XXXX XXXX, 2022;[6]
– A copy of a letter addressed to the claimant’s father from the XXXX Revenue Authority, dated XXXX XXXX, 2022, informing him that the Director of Taxes and Revenue is closing his businesses and bank accounts in Rwanda due to his not respecting the state’s work;[7]
– A copy of the summons addressed to the claimant’s father, dated XXXX XXXX, 2022, summoning him to the Prosecutor General’s office at 9:00 a.m. on XXXX XXXX, 2022;[8]
– A copy of the summons addressed to the claimant’s mother, dated XXXX XXXX, 2022, summoning her to the RIB offices at 10:00 a.m. on XXXX XXXX, 2022;[9] and
– Confirmation dated XXXX 2022 from France’s Ministère de l’Intérieur that both of his elder brothers have applied for asylum in France.[10]
[9] There is nothing on the face of the documentation named above that leads me to suspect that it is fraudulent in any way. I asked the claimant how he came to be in possession of copies of the documentation related to his parents, and he testified that his mother had sent them to him to him electronically before she fled. Based on the claimant’s credible testimony and the above-noted documentation, which I find credible and to which I assign full weight, I find that the claimant has established on a balance of probabilities that his father was a member of the RNC, that he was summoned for questioning by the Prosecutor General’s Office and by the RIB, that his businesses and bank accounts were closed by the government, and that he fled from home on or about XXXX XXXX, 2022. I also find that the claimant has established on a balance of probabilities that his mother and three brothers fled from home on or about XXXX XXXX, 2022 and that his two elder brothers are now in France and are claiming refugee protection from that country.
[10] While the claimant knows very little details about his father’s political involvement and political opinion, I find that he has established on a balance of probabilities that his father was targeted by government actors based on his political opinion. The evidence contained in the National Documentation Package (NDP) for Rwanda supports this finding. The RNC is an opposition party that was founded in 2010 by compatriots of Paul Kagame who contributed to creating and bringing the Rwanda Patriotic Front (RPF) before becoming party dissidents.[11] According to Human Rights Watch, political and civic space in Rwanda remain closed. The ruling RPF continues to stifle dissenting and critical voices and to target those perceived as a threat to the government and their family members. Human Rights Watch finds that arbitrary detention, ill-treatment, and torture in official and unofficial detention facilities is “commonplace.”[12] A Response to Information Request (RIR) dated August 26, 2021 discloses that the RPF commonly targets political dissidents by confiscating their property and prosecution for non-existent crimes, among other ways.[13] The same document reports that political opponents “never get to a safe situation”, their situation can “flare up anytime for any reason”, and that it is not only high-profile opponents that are targeted by the government – individuals “at the grassroots” level are also regularly arrested or go missing.[14] Considering the country conditions evidence and the claimant’s credible testimony and documentary evidence, I find on a balance of probabilities that the Rwandan government perceives the claimant’s father as an opponent of the Rwandan regime. As the claimant’s other close family members have fled the country and as his mother and younger brother have not been heard from since fleeing, I find on a balance of probabilities that the claimant would be identified as being his father’s son and would be targeted, should he return to Rwanda.
[11] Based on the above, I find that the claimant has credibly established, on a balance of probabilities, a subjective fear of persecution including a fear of arrest, imprisonment, and/or other forms of serious harm or ill-treatment by the state because of his imputed political opinion, and/or membership in a particular social group as a close family member of one who is perceived to be an opponent of the government.
Well-Founded Fear of Persecution
[12] I find that the claimant has a well-founded fear of persecution based on his father’s association with the RNC. The objective evidence corroborates the fact that those believed to be opposed to the government face serious problems in Rwanda.
[13] In addition to the country conditions evidence cited above, Freedom House maintains that the Rwandan government has a long history of repressing its political opponents, and members of opposition parties face the threat of disappearance, arbitrary arrest and detention, and assassination.[15] This source maintains that both voters and candidates face significant intimidation aimed at controlling their political choices. Freedom House corroborates the fact that Rwandans living outside the country have been threatened, attacked, forcibly disappeared, or killed, apparently in retaliation for their public or suspected opposition to the regime. This source indicates that space for free private discussion is limited in part by indications that the government monitors personal communications. Social media are heavily monitored, and the law allows for government hacking of telecommunications networks. The authorities reportedly use informants to infiltrate civil society, further discouraging citizens from voicing dissent. Individuals have been forcibly disappeared, arrested, detained, and assassinated for expressing their views.
[14] The US Department of State (DOS) confirms that significant human rights issues in Rwanda include credible reports of: unlawful or arbitrary killings by the government; forced disappearance by the government; torture or cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary detention; political prisoners or detainees; politically motivated reprisals against individuals located outside the country, including killings, kidnappings, and violence; arbitrary or unlawful interference with privacy; substantial interference with the rights of peaceful assembly and freedom of association.[16] The government uses arbitrary arrests – or the threat of arbitrary arrest – as a tool to discourage government critics, independent voices, and political opposition members. According to the DOS, advocates report that Rwandans living overseas experienced digital threats, spyware attacks, family intimidation and harassment, physical intimidation, and assault. Human rights advocates assert that the Rwandan government has targeted dissidents with violent attacks and intimidation at home and abroad.
[15] The RIR cited above reports that harassment of family members is a common tactic for the Rwandan government against its opponents. Harassment of family members is described as following an escalating pattern ranging from surveillance and interrogation to arbitrary detention and torture.[17]
[16] The evidence reveals that those perceived to be opposed to the RPF, and their family, face serious, sustained, and systematic human rights abuses that amount to persecution. Based on the claimant’s familial tie to one who is perceived as being opposed to the Rwandan regime, I find that the claimant has an objective basis to his fear, which is accordingly well-founded.
State Protection
[17] In refugee determination, a state is presumed to be capable of protecting its citizens. To rebut this presumption, a claimant must establish, on a balance of probabilities, that their state’s protection is inadequate based on clear and convincing evidence. In this case, I find that the claimant could not seek state protection because it is the state that the claimant fears. Along with the documentary evidence cited above, I find on a balance of probabilities that adequate tate protection would not be available to him.
Internal Flight Alternative
[18] I find that the claimant would face a serious possibility of persecution throughout the country, as the treatment of those who do not support the government is similar across Rwanda and the claimant would be unable to hide from the state. Accordingly, there is no viable internal flight alternative.
CONCLUSION
[19] For these reasons, I find that the claimant is a Convention refugee pursuant to section 96 of the Act, and I accept his claim.
——— REASONS CONCLUDED ———
[1] Immigration and Refugee Protection Act, S.C. 2001, c. 27.
[2] Exhibit 1.
[3] Exhibit 4, Tab C-3.
[4] Exhibit 4, Tab C-7.
[5] Exhibit 5.
[6] Exhibit 4, Tab C-14.
[7] Exhibit 4, Tab C-18
[8] Exhibit 4, Tab C-12.
[9] Exhibit 4, Tab C-16.
[10] Exhibit 4, Tabs C-10 and C-11.
[11] National Documentation Package, Rwanda, 31 October 2023, tab 4.3: Rwanda : Le Congrès national rwandais (RNC). France. Office français de protection des réfugiés et apatrides. . 22 August 2022.
[12] National Documentation Package, Rwanda, 31 October 2023, tab 2.4: Rwanda. World Report 2023: Events of 2022. Human Rights Watch. January 2023.
[13] National Documentation Package, Rwanda, 31 October 2023, tab 4.16: Treatment of people who have opposed the Rwandan government in the past, including their family members (2000–July 2021). Immigration and Refugee Board of Canada. 26 August 2021. RWA200729.E, at pages 1-2.
[14] Ibid, at page 6.
[15] National Documentation Package, Rwanda, 31 October 2023, tab 2.3: Rwanda. Freedom in the World 2023. Freedom House. 2023.
[16] National Documentation Package, Rwanda, 31 October 2023, tab 2.1: Rwanda. Country Reports on Human Rights Practices for 2022. . United States. Department of State. 20 March 2023.
[17] Supra, note 13.