2023 RLLR 237
Citation: 2023 RLLR 237
Tribunal: Refugee Protection Division
Date of Decision: December 5, 2023
Panel: Kalliopi Kefalas
Counsel for the Claimant(s): Razgar Hasan
Country: Jordan
RPD Number: VC3-09981
Associated RPD Number(s): N/A
ATIP Number: A-2024-01133
ATIP Pages: N/A
DECISION
[1] This is the decision of the Refugee Protection Division in the claim of XXXX XXXX XXXX XXXX who claims to be a citizen of Jordan and who is seeking protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act (IRPA).[1]
ALLEGATIONS
[2] The following is a brief synopsis of the allegations contained in the claimant’s Basis of Claim (BOC) form and narrative.[2]
[3] The claimant is a 24-year-old man who fears physical harm from his family and persecution by the state due to his religious conversion from Islam to Christianity.
DETERMINATION
[4] I find that the claimant is a Convention refugee pursuant to section 96 of IRPA.
ANALYSIS
Identity
[5] I find that the claimant’s personal identity and identity as a citizen of Jordan is established on a balance of probabilities by his sworn testimony and the copy of his Jordanian passport in evidence.[3]
Nexus
[6] In order to satisfy the definition of a “Convention refugee” found in section 96 of the Act, a claimant must establish that he or she has a well-founded fear of persecution by reason of race, religion, nationality, membership in a particular social group or political opinion.
[7] I find that the claimant’s fear of persecution is linked to his religion as a convert from Islam to Christianity. As such, I have assessed his claim pursuant to s.96 of the IRPA.
Credibility
[8] When a claimant affirms to tell the truth, this creates a presumption that his allegations are true unless there is reason to doubt their truthfulness. In this case I have found the claimant to be a credible witness. The claimant testified in a consistent and straightforward manner and there were no material unexplained inconsistencies, omissions or contradictions. He testified credibly about this journey to convert and why he ultimately chose the Mormon denomination for his conversion. As such, I place significant weight in the claimant’s testimony. The claimant has also provided documentary evidence in support of his claim.[4] I have no reason to doubt the authenticity of these documents, they are corroborative of the claimant’s allegations and so I place significant weight on them in establishing the claimant’s allegations. Specifically, I believe that the claimant has converted to Christianity from Islam and that his family members have threatened to kill him due to his religious conversion. Particularly relevant were the following documents in Exhibits 4 and 5:
· Photos of the claimant in church in Canada.
· Letters of support from Elders in his church in Canada.
· Letter regarding the claimant’s baptism on XXXX XXXX, 2023, in the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX in Edmonton, Alberta.
· Baptismal Certificate for the claimant issued by the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX.
· Aaronic Priesthood Ordination for the claimant issued on XXXX XXXX, 2023, by the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX.
· Screenshots of texts messages between the claimant and other Christians regarding Christianity.
· Photos of the claimant from his baptism.
· Record of the tithing offering dated XXXX XXXX, 2023, from the claimant to the church.
· Threatening message from his uncle in Jordan regarding the claimant’s conversion to Christianity.
Delay in claiming
[9] I note that the claimant delayed over a year to make his claim after arriving in Canada. However, the claimant testified that when he came to Canada he was lost and did not know what to do. However, after he told his parents about his desire to convert in XXXX 2022 and his father threatened him, he knew he would no longer be safe in Jordan and he had to make a claim so he could stay in Canada permanently. This explanation is reasonable in the circumstances, and therefore does not raise significant concerns with respect to subjective fear or credibility.
[10] Given all the foregoing, I find that the claimant has established his allegations and subjective fear on a balance of probabilities.
Well-Founded Fear of Persecution
[11] To be considered a Convention Refugee, the claimant must demonstrate that he has a well-founded fear of persecution which includes both subjective fear and an objective basis for that fear. Based on the claimant’s BOC, testimony, documentary evidence and the National Documentation Package for Jordan (“NDP”), [5] I find that the claimant does face a serious possibility of persecution that is forward facing.
[12] The item 12.3 in the NDP for Jordan indicates that while the state religion for Jordan is Islam, freedom of worship for other religions is generally accepted.[6] The same item notes Sharia or Islamic law is used in issues pertaining to personal status, including religion, marriage, divorce, and child custody issues. While conversion to another religion is not a punishable offence under the criminal code, Shariah law bans conversion from Islam to another religions and converts from Islam are still “considered Muslims and generally regarded as apostates.” Further, as noted in item 12.1, anybody can file an apostasy complaint against individuals who have converted from Islam to another religion.[7]
[13] Again, at item 12.1 in the NDP notes that “…converts to Christianity from Islam continued to report ostracism as well as physical and verbal abuse from their families and communities” and to avoid stigma, some worship in secret.[8] Consistent with the claimant’s allegations, the same item notes that converts face threats of violence from family members who are concerned with family honour. Item 12.3 confirms the same and notes that there “honor killings in both Christian and Muslim families for members who change religions.” [9]
[14] Again at 12.3 societal discrimination and risk from family members is further corroborated which indicates that converts from Islam to Christianity face social ostracism as it is a serious taboo.[10] Item 12.2 notes that an individual of Muslim origin who no longer believes in Islam, may be subject to ill-treatment and discrimination by society.
[15] The claimant has converted and has become a Mormon Christian. One of the main principles of this faith is to proselytize to spread the word of God. The claimant testified that he is learning how to so now in Canada so he can preach to other people. He testified that if he were to return to Jordan, he would want to do the same. However, Item 12.3 indicates that proselytizing is not allowed in Jordan.[11] This is confirmed in item 12.1 that states that “[a]uthorities may prosecute individuals who proselytize Muslims under the penal code’s provisions against “inciting sectarian conflict” or “harming the national unity.” Both of these offenses are punishable by imprisonment of up to three years or a fine of up to 200 dinars ($280).” [12]
[16] In summary, I find that the claimant is a convert to Christianity from Islam and I find that he has established that he faces a well-founded fear of persecution at the hands of the state, his family and society based on his religion.
State Protection
[17] There is a presumption that countries can protect their citizens. The claimant bears the burden of rebutting that presumption with clear and convincing evidence. I find that there is clear and convincing evidence that adequate state protection is not available to the claimant in Jordan.
[18] Under the Constitution of Jordan, matters concerning the personal and family status of Muslims comes under the jurisdiction of the sharia courts – as indicated in Item 12.3.[13] Under sharia law, converts from Islam are apostates. Given that the State of Jordan accords constitutional jurisdiction over religion to a legal system which does not recognize the religious or legal validity of converts such as the claimant, the panel finds, on a balance of probabilities, that the state is unwilling or unable to protect the claimant as a Christian convert.
Internal Flight Alternative
[19] The objective evidence from the NDP indicates that the situation for Christians converts is difficult in all areas of Jordan and that Christian persecution by radicals is widespread throughout the country. On the totality of evidence, I find that the claimant faces a serious possibility of persecution as a Christian convert in all parts of Jordan. I find that the claimant would be unable to safely and openly practice his religion in Jordan, especially now that he has been able to officially convert in Canada.
CONCLUSION
[20] For the forgoing reasons, I find that the claimant is a Convention refugee pursuant to section 96 of the IRPA. As such, I accept his claim.
——— REASONS CONCLUDED ———
[1] Immigration and Refugee Protection Act, S.C. 2001, c. 27.
[2] Exhibit 2.
[3] Exhibit 1.
[4] Exhibit 4.
[5] Exhibit 3.
[6] Exhibit 3, National Documentation Package, Jordan, 31 August 2023, tab 12.3: Situation and treatment of Christians; state protection and support services available (2013-July 2015). Immigration and Refugee Board of Canada. 4 August 2015. JOR105234.E.
[7] Exhibit 3, National Documentation Package, Jordan, 31 August 2023, tab 12.1: Jordan. International Religious Freedom Report for 2021. United States. Department of State. 2 June 2022.
[8] Exhibit 3, National Documentation Package, Jordan, 31 August 2023, tab 12.1.
[9] Exhibit 3, National Documentation Package, Jordan, 31 August 2023, tab 12.3.
[10] Exhibit 3, National Documentation Package, Jordan, 31 August 2023, tab 12.3.
[11] Exhibit 3, National Documentation Package, Jordan, 31 August 2023, tab 12.3.
[12] Exhibit 3, National Documentation Package, Jordan, 31 August 2023, tab 12.1.
[13] Exhibit 3, National Documentation Package, Jordan, 31 August 2023, tab 12.3.