2023 RLLR 214
Citation: 2023 RLLR 214
Tribunal: Refugee Protection Division
Date of Decision: November 24, 2023
Panel: A. Chung
Counsel for the Claimant(s): Adam Wawrzkiewicz
Country: Iran
RPD Number: TC3-27690
Associated RPD Number(s): N/A
ATIP Number: A-2024-01133
ATIP Pages: N/A
DECISION
MEMBER:
INTRODUCTION
[1] These are the reasons for the decision in the refugee claim of XXXX XXXX, the claimant, who alleges to be a citizen of Iran and is seeking protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act — ‘the Act’.
ALLEGATIONS
[2] Your allegations are set out in detail in your Basis of Claim form and narrative at Exhibit 2, as well as in your testimony given today. In summary, you fear that if you return to Iran, you will face persecution and other risks of harm at the hands of the state on account of your religious belief and conversion to Christianity. This intersects with your imputed political opinion, as you were employed with a XXXX XXXX XXXX, and has been perceived by the Iranian state as promoting anti-regime content.
DECISION
[3] I find that pursuant to section 96 of the Act, you are a Convention refugee as you have a well-founded fear of persecution on account of your Christian belief. This intersects with your imputed political view as a perceived anti-regime opponent due to your former employment with a XXXX XXXX, although the latter is not determinative to your Christian faith.
ANALYSIS
Identity
[4] It is essential to establish one’s identity in the determination of a refugee claim. The burden of establishing identity rests upon the claimant. I find that your identity as a national of Iran is established on a balance of probabilities through the certified true copy of your Iranian passport, birth certificate, and divorce document at Exhibits 1, 4, and 5.1.
No Rights to Malaysian Citizenship and Article 1E Exclusion Not Engaged
[5] I note that you had lived in Malaysia between 2012 and 2019, for five (5) years as an unemployed homemaker and for two (2) years as a foreign worker. You had also returned to Malaysia on an intermittent basis afterwards, for a total of around eight (8) years. You testified that you held temporary residence permits that required renewal every two (2) years while you were in Malaysia. You also held temporary work permits sponsored by your former employer. I find on a balance of probabilities that you have no permanent status or citizenship or access to them in Malaysia for the following reasons.
[6] Item 2.1 and 2.3 in the Malaysian National Documentation Package, or NDP, version 31st August 2023, at Exhibit 3.2, states that a foreigner who applies for a permanent residency — states that for a foreigner to apply for permanent residency or PR, or become naturalized, they have to renounce their foreign nationality and reside in Malaysia for at least 10 years. In your case, you have not renounced your Iranian nationality and have not resided in the country for at least 10 years. Accordingly, Iran is the only country of reference for the purpose of assessing your claim.
[7] You also testified that you had to renew your residence permits regularly every two (2) years. You did research into the possibility of obtaining permanent status, but you were unable to do so as your former employer’s company closed down. Even if you were to attempt to be naturalized or obtain PR, the NDP notes that there is a lack of clear guidelines and transparency for the decision-making process for naturalization and permanent residency, which makes the process highly discretionary, including a lack of reasons provided for rejections.
[8] You did not consider claiming asylum there, as you explained that some of the Iranian expats that you knew there who have claimed refugee status were not able to obtain it, and had their cases stuck in limbo due to the slow process. In addition, you explained that foreign workers often face discrimination in Malaysia for various reasons, including religion, as Islam is the official religion there, and other religions are looked down upon. Item 12.1 of the aforementioned NDP notes that human rights groups have expressed concerns that Malaysia is less tolerant of religious diversity, while only 9.2 percent of the population belong to the Christian faith there.
[9] Moreover, Items 2.1 and 2.4 also note that foreign workers in Malaysia are vulnerable to various forms of abuse and exploitation by their employer, as well as legal uncertainties. Based on the objective evidence and your testimony regarding your temporary residency status in Malaysia, the most recent one (1) which expired in 2019, as you noted, I find on the balance of probabilities that while you were in Malaysia as a temporary resident, you did not have the rights and obligations akin to Malaysian citizens. Accordingly, I find on a balance of probabilities that you are not excluded under article 1E.
Nexus
[10] I find that there is a link between your fear of persecution and at least one (1) Convention ground, namely religion, as you self-identify as a Christian convert. I have therefore assessed your claim under section 96 of the act.
Credibility
[11] I find you to be a credible witness generally, as I noted no serious credibility issues that go to your core allegations. You gave your testimony in a very direct and natural manner. There were no significant inconsistencies in the testimony or contradictions between the testimony and the other evidence on file. I note that although you did provide evidence of your participation in anti-regime activities while you were in Canada, I do not find that to be determinative to the core allegation regarding your religious belief, and I therefore only focused on your Christian faith and the remainder — in the remainder of the reasons.
Profile as a Christian Convert Established
[12] You allege, and I accept, that you were born as a Muslim to a somewhat religious family. Although your parents did not force you to wear a hijab, the society did, and growing up you lived in fear of getting punished for improperly wearing a hijab. Your father and grandfather also forbade you from pursuing post-secondary education or employment because you were a woman. In 1992, your father married you off in an arranged marriage to your ex-spouse, who was from a wealthy and highly religious family, who was also abusive towards you. You have two (2) daughters from that marriage. You eventually divorced him in 2010 after a long and bitter battle.
[13] Between 2012 and 2019, you moved to Malaysia with your daughters to escape the religious and societal restrictions on women in Iran. You were employed between 2012 and 2017. From 2017 to 2019, you had worked for a XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. In 2013, you met an Iranian restaurateur, a woman in Malaysia. She introduced you to Christianity as she ran a Bible study group. Shortly after, you and your daughters also began attending an English-speaking church in Malaysia called XXXX XXXX XXXX XXXX XXXX (ph). You were baptized in XXXX 2016 at this church. You informed your mother about your conversion to Christianity when she visited you, which she accepted. However, your father never accepted it.
[14] In XXXX 2019, you returned to Iran on a temporary basis as your father had died the previous year, and you needed to care for your mother, who was aging and suffering from illnesses. On arrival at the airport, you were detained for a few hours. Afterwards, you were told to report to the Ministry of Intelligence in a few days. When you did report back, they interrogated you about your conversion to Christianity and your employment, verbally accusing you of working with an anti-regime organization. Before they released you, they warned you against participation in Christianity or anti-regime activities. They also held your passport for four (4) months before returning it to you.
[15] After the incident, you kept a low profile and did not carry out any religious or work activities in Iran out of caution. Although you returned to Malaysia in XXXX 2019, you reavailed to Iran in XXXX 2020 due to the COVID-19 pandemic, as you were not allowed to extend your Malaysian visa. You decided not to claim asylum in Malaysia because you knew people who were stuck in limbo when they did so, due to the discriminatory climate against Christian converts. While in Iran, you concealed your Christian faith in fear of the authorities.
[16] In XXXX 2021, your younger daughter came to Canada on a study permit. In XXXX 2022, you applied for a Canadian visitor’s visa, which was issued in XXXX 2022. You visited Malaysia again on a work — on a two (2)-week trip in XXXX 2022 for a short visit. After returning to Iran in XXXX 2022, you decided to come to Canada in January 2023. Shortly after your arrival, that month you filed your asylum claim in XXXX 2023, prior to your visa expiry date of XXXX 2023. These timelines are corroborated by your submissions and your immigration documents at Exhibits 1, 4, and 5.1.
[17] To corroborate your core allegations, you submitted the following documentary evidence at Exhibits 5.1 and 5.2. A membership certificate for the years 2013 to 2016 issued by the Malaysian-Korean church, dated XXXX 2023; social media screenshots and photographs of you with your fellow Christian worshippers in Malaysia in 2016; photographs of your church activities and water baptism ceremony in Toronto: screenshots of your participation in online Bible study groups; letters of support from your two (2) daughters, mother, uncle, cousin, childhood friend, former colleague, fellow Christian worshippers in Toronto and Malaysia, variously dated to XXXX 2023, corroborating your narrative regarding your Christian faith and the abuse and targeting you had experience in Iran at the hands of the Iranian authorities due to your faith, which intersects with your imputed political views linked to the XXXX XXXX where you were employed.
[18] Letters of support from the pastor of XXXX XXXX XXXX XXXX XXXX, Ontario, and senior pastor of XXXX XXXX XXXX XXXX, located in Kuala Lumpur, Malaysia, dated XXXX 2023, as well as your pastor’s testimony given today confirming that you have actively participated in the activities, Bible studies, and events at these churches since XXXX 2023 for the former, and between 2013 and 2016 for the latter: a certificate of baptism and a letter of baptism issued by your church, dated XXXX 2022; a psychotherapy report issued by XXXX XXXX XXXX XXXX dated XXXX 2023, confirming that you had undergone psychological assessment between XXXX and XXXX 2023, and that you have been diagnosed with symptoms of post-traumatic stress disorder, depression and anxiety. Your conditions are attributed to your experience of having been subjected to targeting by the Iranian state due to your Christian faith. After reviewing these documents, I have no reason to doubt their authenticity. I find that they are probative to your core allegation that you are a Christian practitioner. I therefore assign them full weight.
[19] When questioned on the meaning of Christianity and how you apply them to your daily life, you provided spontaneous answers, drawing on your knowledge of Christianity and personal experiences. You explained that the most important teaching in Christianity to you, based on your branch of Christianity, which is the Baptist branch, is a separation of religion from politics, because you were previously hurt by the situation in Iran where the two (2) were not separated. That was the reason why you chose to continue to pursue your faith in Canada. You explained that you apply these principles in your daily life by believing in Jesus and not living in fear.
[20] You also recited a passage from the Bible that tells a story of the importance of building one’s house on a secure foundation. This spoke to you because it reminds you of your own life, where you are aiming to achieve the same here in Canada by building a good life with a strong foundation through the pursuit of your religious faith and freedom, and you do so daily by practicing your face, believing in Jesus, and not living in fear. I find that your depth of knowledge about Christianity is commensurate with the amount of time you allege to have devoted to Christianity. Accordingly, I find on a balance of probabilities that you are a genuine practicing Christian.
[21] In view of the preceding, I find on a balance of probabilities that you are a practicing Christian and have actively participated in your community church in Canada. As discussed earlier, you had returned to Iran from Malaysia on several occasions between 2012 and 2022. You did explain the circumstances which compelled you to return to Iran, including to care for your mother, who was ill. You also noted that you took precautions not to practice your faith while you were in Iran. I find your explanations reasonable for returning to Iran, particularly — in the particular circumstances of your case, and I do not draw a negative inference from this finding. Accordingly, I find that your reavailment does not detract from your subjective fear.
[22] In view of the entirety of the evidence, I find that you have established on a balance of probabilities your subjective fear of a prospective risk of persecution or other serious harm in Iran at the hands of the state due to your conversion to Christianity. As a Christian convert, you face a risk of arrest, detention and physical harm should you openly practice your faith in Iran. This is substantiated by the following objective evidence.
Objective Basis
[23] Given that there are no serious credibility issues with respect to your core allegations, coupled with the following documentary evidence, I find that you have established a prospective risk and a well-founded fear of persecution in Iran. The risks that you face in respect of your core allegations is substantiated by the objective country condition evidence in the NDP for Iran, version 31st of March 2023, AT Exhibit 3.1. Item 2.1 of the NDP states that Iran is an authoritarian republic with a Shia Islamic political system. As such, the Iranian state places egregious restrictions on the freedom of religion. The penal code prohibits Muslim citizens from changing or renouncing their religious beliefs. Converts to Christianity from Islam are excluded from permission to worship and to form religious societies “within the limits of the law.”
[24] Item 12.1 notes that religious crimes are also prosecuted as crimes against national security and against the state. The punishment for religious crimes can include death sentence. Item 2.9 states that the Iranian government reportedly views Christian converts as undermining Islam and the Islamic regime. It cracks down on Muslims who are deemed to be at variance with the state ideology and interpretation of Islam. Since 1979 — since the Islamic Revolution in 1979, Muslim-born converts to Christianity have been subject to the Iranian government’s oppressive and discriminatory policies and practices, as item 12.25 notes.
[25] Item 12.2 also notes that Iran has reportedly increased persecution of Christian converts and drastically escalated it arrests of Christians. The state also reportedly uses propaganda against converts, accusing them of creating moral depravity and of being a branch of colonialism. Item 12.15 reports that Iranian Christian converts have faced systematic discrimination in different forms. These include church closures, prohibition of church service in Farsi, and ban on publication of Christian literature in Farsi, as well as harassment and intimidation by judicial and security apparatuses, arbitrary arrest and torture, and the confiscation of property.
[26] Item 12.15 also reports that the Iranian state reportedly monitors its diaspora abroad, including Christian converts. Moreover, Item 4.4 notes that Iranians returning from abroad are screened on arrival in Iran. Based on the objective evidence in these NDP items, I find that given your conversion to Christianity and that you have already come to the detention of the Iranian authorities, your situation puts you at a forward-looking risk, should you return to Iran. In view of the preceding, I find that your subjective fear of persecution in Iran on account of your religious profile as a Christian convert is objectively well founded.
State Protection
[27] In refugee determination, a state is presumed to be capable of protecting its citizens. To rebut this presumption, the 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 do not find that state protection is adequate, because the state is the agent of persecution, and the objective evidence referred to previously, including items 2.1, 9.1, 13.1 and 14.2 show that Iranian authorities do persecute Christian converts such as yourself. I find that it would be objectively unreasonable for you to seek state protection, and that no adequate state protection would be available to you.
Internal Flight Alternative
[28] For a refugee claim to succeed, a claimant must establish that there is no other place in the country in which he or she can live without facing a serious possibility of persecution or a likely risk of section 97 harm. Alternatively, a claimant must demonstrate that relocation to another place in the country is unreasonable in their circumstances. In this case, I do not find that you could live safely elsewhere in Iran, as the treatment of Christian converts is similar across Iran, and that you would be unable to hide from the state. This is documented in the aforementioned objective evidence on Iran in the NDP, including in Items 2.9, 12.2, and 2.15. I therefore find that you would face a serious possibility of persecution throughout Iran. There is accordingly no viable internal flight alternative for you in Iran.
CONCLUSION
[29] Based on your profile as a Christian convert, I find that there is a serious possibility of persecution if you return to Iran. I therefore find that you are a Convention refugee pursuant to section 96 of the Act. Your claim is therefore accepted.
——— REASONS CONCLUDED ———