2023 RLLR 270

Citation: 2023 RLLR 270
Tribunal: Refugee Protection Division
Date of Decision: December 5, 2023
Panel: Lesley Stalker
Counsel for the Claimant(s): Dean D Pietrantonio
Country: Iraq
RPD Number: VC3-06955
Associated RPD Number(s): N/A
ATIP Number: A-2024-01360
ATIP Pages: N/A

DECISION 

[1]                   MEMBER: Mr. XXXX, I am accepting your refugee claim, and I am now going to give you the reasons for my decision. This is the decision in the claim for protection by XXXX XXXX XXXX, a citizen of Iraq who is claiming refugee protection in Canada under sections 96 and subsection 97(1) of the Immigration and Refugee Protection Act. 

[2]                   I find that you are a Convention refugee for the following reasons. 

[3]                   You have described the reasons you are seeking protection here in your Basis of Claim form. You say that you are afraid that you would be persecuted by Muslim fundamentalists and the broader society from which you come, due to your personal beliefs. These beliefs include a general support for women’s rights, human rights generally, and religious minority. You are now a 39-year-old man, and you were born into a Sunni family in the Kurdish region of Iraq. Your family was poor, and so you had to leave school after a few years. 

[4]                   You say that after — from an early age, you felt disconnected from Islam as practiced in your region, particularly as they treated — related to the treatment of women. You said you were aware of your mother’s keen intelligence, which shone through despite her lack of education. But the men around her accorded her no respect. You shared some of your doubts about Islam with your close friend, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, who was Christian. Your family and friends were critical of this friendship. 

[5]                   When XXXX was older, he survived a brutal attack by Sunni fundamentalists, and he and his family moved to a remote part of the region. This incident enhanced your perception of Islam as an intolerant faith. 

[6]                   As a teenager, you were taken by the ideas of Mariwan, M-A-R-I-W-A-N, Halabjaee, H-A-L-A-B-J-A-E-E, a Kurdish scholar who spoke on human rights and the treatment of women. But Halabjaee was forced to flee Iraq in 2006, after a religious fatwa was pronounced against him. 

[7]                   You also say that you supported your wife’s dreams of establishing her own XXXX shop, and you shared her disappointment and frustration when she was forced to work from home, rather than being allowed to establish an independent business. And so, rumors circulated in the community that you were a non-believer, simply because of your non-traditional behaviors. 

[8]                   In 2019 or 2020, you met a Christian man, who had hired you to XXXX XXXX XXXX. You became good friends, and you talked widely on a range of subjects. You asked him to read passages from the Christian Bible to you, and were moved by some of the concepts that you heard.

[9]                   In XXXX XXXX 2022, the imam of the mosque in your neighborhood summoned you, to question you about your religious beliefs. There was a committee of men who were present. The imam was angered by your answers and attempted to hit you. You dodged the blow and slapped him back, but within hours, neighbours warned you that word was spreading that you had attacked the imam. The imam then denounced you as an infidel at Friday prayers, and called on the congregation to take revenge for your blasphemy. 

[10]                   You went into hiding at the home of a friend XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX,  who lived in a small village. But since you left the home, Salafists, S-A-L-A-F-I-S-T-S, who are fundamentalist Sunni Muslims, have been searching for you, at your home and the home of your parents, and other relatives. 

[11]                   Moreover, your maternal uncle has announced that you have insulted the honour of the family and has said that you deserve whatever punishment is meted out to you. 

[12]                   With the help of an agent, you applied for a visa to Canada, and you left Iraq shortly after receiving the visa. Since coming to Canada, you pursued your interest in Christianity, and recently converted to the Christian faith. 

Nexus

[13]                   I find that there is a nexus between the harm that you fear and the Convention grounds of religion and particular social group. The social group in question is those who defy social norms. I have therefore assessed your claim under section 96 of the Act. 

Identity

[14]                   You provided me with a certified true copy of your passport, and so I have no doubts about your identity, based on the documents that I have, as well as your testimony, which I find to be credible. 

Credibility

[15]                   The next question is whether I believe what you told me, and I do. Your testimony was offered in a simple but direct manner, and your answers were consistent with the very detailed BOC narrative. I find this particularly telling, given that you can not read or write, and so are drawing on memory. In testimony, you said that your father is very angry with you, and basically holds you responsible for problems with the imam. 

[16]                   You have called your wife and your mother about your decision to convert to Christianity, and they accept this decision. At least, as best you can tell from telephone conversations, they accept this decision. However, you do not dare tell your father, or brothers, or sisters. 

[17]                   You said that the Salafist fundamentalists in Asayish continue to harass your wife, and even ask your children where you are and when they last spoke to you. 

[18]                   You provided many documents to corroborate your claim. These include the following: one (1), a letter from your wife, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. She says she has been repeatedly visited by the Salafists who are looking for you, and she has told them that you have left her, and she wants nothing more to do with you. But that is not enough to satisfy them; they keep coming back. 

[19]                   She also says that your maternal uncle, who is a XXXX in the XXXX XXXX, told her that you are a disgrace to the family and deserve to be punished. She also says that the KRG, Kurdish Regional Governments of Asayish, A-S-A-Y-I-S-H, who are the intelligence forces, have been raiding their home and homes of relatives in their pursuit of you. 

[20]                   Two (2), a letter from your mother, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Your mother is illiterate, but got someone to write the letter for you. She describes how word of your altercation with the imam spread, and how the imam has denounced you as an infidel who has committed blasphemy and a crime against Islam. She also says that the Salafists have been coming to her home. 

[21]                   Three (3), a letter from your friend XXXX. This is the childhood friend who was Christian. He describes how, even as a child, you were curious and open about your doubts about Islam. He describes the problems that he had with the Salafists who attacked him, because they believed he was corrupting Islam. 

[22]                   Four, (4), a letter from your friend XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, who confirms that he gave you shelter in his home for approximately a year. He says that during this time, family members — your family members were telling you about the Salafists and security forces looking for you. He says that you were very frightened throughout your time with him, and rarely left the house.

[23]                   Five (5), a letter from your friend XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. He confirms that, at your insistence, he read passages to you from the Christian Bible in Kurdish. He said that the two (2) of you had lengthy conversations about the principals of forgiveness and compassion, as understood in Christianity. 

[24]                   Six (6), a news article about your maternal uncle. The article describes him as a XXXX of the XXXX XXXX, and says that he has XXXX XXXX XXXX by the former long-serving Kurdish president, Masoud Barzani, B-A-R-Z-A-N-I. 

[25]                   Seven (7), numerous documents relating to your Christian practice in Canada. These include letters from the pastors at your church, a letter from a fellow congregant, photos of your baptism, and engagement in different church activities, and a baptismal certificate. I have no reason to doubt the authenticity of any of these documents, and find they corroborate your account. 

[26]                   I note that your baptism was very recent, and of course, that raises questions about whether it was sincere or is motivated by a desire to strengthen your refugee claim. But given your documented history of questioning and disputing tenets of Islam, and your longstanding interest in Christianity, I find that your decision to convert is based on a genuine commitment to the faith rather than an attempt to bolster your refugee claim. 

[27]                   So, in view of your credible testimony and the extensive corroborative evidence that you filed, I accept your allegations as set out in your Basis of Claim form. 

Well-Founded Fear of Persecution

[28]                   The next question is whether you have a well-founded fear of persecution. This question has two (2) parts. First, are you afraid that you would be seriously harmed if you returned to Iraq? And secondly, is your fear reasonable? 

[29]                   In terms of the first question, I am satisfied that you are afraid you would be harmed. After all, you left the family home, you hid in a rural area of the Kurdish region for a year, and are now seeking Canada — seeking protection in Canada. 

[30]                   I also find that your fear is well founded, and here, I note that there are a number of grounds on which you fear harm. You are believed to have insulted an imam who is revered in your community as a leader. You were also accused of committing blasphemy and insulting Islam. And even before your altercation with the imam, your behaviour and beliefs set you apart in a community that holds to traditional values. But for the purposes of your claim today, I am going to focus on the basis risk as a person who has now repudiated Islam and converted to Christianity. 

[31]                   The country reports in the Board’s National Documentation Package on Iraq indicate that religious minorities, including Christians, are vulnerable. The Response to Information Request on the treatment of Christians under Tab 12.2 of the Board’s National Documentation Package reports that the Christian population in Iraq has had a dramatic decline since the US-led invasion from — in 2003, from an estimated population of approximately 800,000 to 1.4 million Christians, to fewer than 250,000. 

[32]                   Waves of violence, including sectarian violence, and during the reign of Da’esh, D-A-‘-E-S-H, in the period 2014 to 2017, killed many Christians. Many thousands more were displaced, and as a result, large numbers of Christians have now left Iraq. But you are you are not simply a Christian; you are one (1) who has converted from Islam to Christianity, and this is a particularly serious situation. 

[33]                   First of all, it is prohibited by law to convert from Islam to another faith, and according to a UK Home Office report on religious minorities, found at Tab 12.20 of the NDP, people who convert from Islam to Christianity are at risk of being killed by members of the convert’s family, tribe, or religious fundamentalists. 

[34]                   The UNHCR report found at Tab 1.7 of the NDP similarly reports that persons who convert from Islam to Christianity face widespread animosity from Iraqi society, families, and tribal collective notion of honour. Many converts keep their faith a secret, as open conversion results in ostracism or violence at the hands of the community, tribe, and Islamic armed groups. 

[35]                   The Australian DFAT report found Tab 1.19 of the NDP states that Muslim converts to Christianity face a high risk of official discrimination, in the form of legal restrictions as well as societal discrimination and violence, including from their own family members. 

[36]                   So, in view of this very compelling evidence, I find that you have an objective basis for your fear of harm, and therefore, have established a well-founded fear of persecution, because of your religious beliefs. 

State Protection

[37]                   The next question is whether you can avoid the harm you fear by seeking help from the Iraqi or KRI authorities, KRI referring to Kurdish Region of Iraq, and I find you can not. The protection you would be seeking is from the harm you face at the hands of powerful interest groups and the broader society from which you come, but the fact is that armed groups in Iraq continue to target religious minorities, including Christians, and the government is not able or willing to take these groups on. 

[38]                   Moreover, blasphemy is a crime in Iraq. A Response to Information Report on the treatment of atheists and apostates, found at Tab 12.4, states that article 382 of the Iraqi Penal Code criminalizes blasphemy.
And in terms of whether you could get protection from the police, sources in the same RAR note that the police are simply members of society, and share the same beliefs as the general population. This is also true of the judges, who typically oppose atheism, and you would be subjected to laws which forbid, or criminalize any perceived insult against Islam. The RIR states that people who are being harassed would typically hide, rather than go to the police for protection. 

[39]                   I also note that Asayish, the KRG’s intelligence forces, have been searching for you. It is unclear how they came to be involved, but it is not a far stretch to think that your uncle, a renowned and revered XXXX XXXX XXXX XXXX XXXX XXXX, would enlist other branches of the government, such as Asayish. 

[40]                   So, in short, I find on a balance of probabilities that you would not be able to avail yourself of the protection of the Kurdish government authorities. 

Internal Flight Alternative

[41]                   The final question is whether you can avoid the harm you fear by relocating to another part of the country, and I find you could not. The country reports referred to above indicate that the problems faced by Christians generally, and Christian converts in particular, exist throughout Iraq, and so there is no place where you could go and live without this fear of persecution. 

[42]                   I also note that the UNHCR report indicates that relocation within Iraq is generally possible only if you can show that you have family, relatives, or a support network in the area of relocation. This, of course, reflects the fact that Iraq has been in conflict for a very, very long period of time, and the country is suffering from massive displacement. 

[43]                   But in your case, the socially powerful members of your family, namely your father and your uncles, have cut you off. And so, there would not be any family or relatives who could assist you in other areas. And so, I find you do not have a viable internal flight alternative. 

CONCLUSION

[44]                   In sum, I find that you are a Convention refugee, as defined in section 96 of the Immigration and Refugee Protection Act. I accept your claim. 

——— REASONS CONCLUDED ———