2024 RLLR 126

Citation: 2024 RLLR 126
Tribunal: Refugee Protection Division
Date of Decision: March 28, 2024
Panel: Maethinie Vasan
Counsel for the Claimant(s): Prevain Devendran
Country: Sri Lanka
RPD Number: TC2-01832
Associated RPD Number(s): N/A
ATIP Number: A-2025-00724
ATIP Pages: N/A

DECISION

[1] MEMBER: This is the decision in the claim for Refugee Protection made by XXXX XXXX, file number TC2-01832. You are claiming to be a citizen of Sri Lanka and are claiming refugee protection pursuant to section 96 and 97(1) of the Immigration and Refugee Protection Act. I have considered your testimony and other evidence in the case, and I am ready to render my decision orally.

[2] I find that you are a Convention refugee on the grounds of your nationality and political opinion for the following reasons. Your allegations are fully noted in your Basis of Claim form filed in Exhibit 2. In summary, you alleged to be a citizen of Sri Lanka and alleged fear of persecution at the hands of the Sri Lankan authorities, including the army as well as the police due to your Tamil ethnicity and support of the Tamil National Alliance, TNA, which the authorities perceive to – perceive as support of the LTTE.

[3] You alleged that during your incidents with the police and the army that the Sri Lankan authorities accused you of being associated with the LTTE due to supporting the TNA party. You alleged if you returned, you would be arrested, killed — or killed by the Sri Lankan authorities, and you alleged there is no state protection for you or internal flight alternative available.

[4] Your personal identity as a citizen of Sri Lanka has been established by your testimony and supporting documents filed in the exhibits. In support of your identity, you have provided copies of your bio data page of your passport, your birth certificate, driver’s licence, documents from your school in Sri Lanka, your government of — Sri Lanka XXXX XXXX XXXX XXXX XXXX XXXX, your XXXX — and your XXXX XXXX identification card. These documents can be found in Exhibits 1 and 5. I also note that there are biometrics on file from the United States in Exhibit 4, which are consistent with the identity you have presented here in Canada.

[5] When I consider the totality of the documents, they are all consistent with the identity you testified to, and I assign them full weight on establishing your identity. I therefore find on a balance of probabilities that your identity and country of reference have been established.

[6] I find that there is a link between what you fear and a Convention ground, namely nationality, due to your Tamil ethnicity and support for your Tamil National Alliance Party, which the authorities perceived to — as support for the LTTE. I have therefore assessed your claim under section 96.

[7] In terms of your general credibility, I have found you to be a credible witness, and I therefore believe what you have alleged in your oral testimony and in your Basis of Claim form. I find that you have testified in a consistent, detailed, and spontaneous manner surrounding your issues in Sri Lanka, and there were no errors, omissions or inconsistencies which would cause me to doubt the truthfulness of your allegations.

[8] You explained to me about your role as a XXXX XXXX XXXX in detail. You told me that during your role you would XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, and at the same time you were supporting the Tamil National Alliance. You told me that since you were working in the northern parts of Sri Lanka, you were speaking to a lot of Tamil individuals for your work, and while you were XXXX XXXX XXXX XXXX XXXX XXXX and eduXXXX XXXX XXXX XXXX, you would also talk to them about your support for TNA and what they stand for.

[9] You told me that you did not really support TNA actively in 2005, but when you were in XXXX in 2010, is when you were more active in preaching about the importance of TNA. You also told me in detail about how you would always have issues with the ED — EPDP for supporting the TNA party, and they would advise you not to support them.

[10] Despite this, you continue to support them, and then your transfer to XXXX (ph) in 2016. You told me that your co-workers and you believed that you were moved to XXXX on suspicion of your support for the TNA.

[11] You also told me that it was very evident for you to be recognized because you are a XXXX XXXX XXXX, and you work for XXXX XXXX. You also told me consistently in detail — in a detailed manner about your two (2) incidents with the police and the Army in XXXX 2019. You explained that you, your wife, and your son were physically injured in these incidents and that it was very difficult for you to decide how to prioritize your passion for helping the community and your family’s safety. You told me that during these incidents that the police and the army accused you of working with the TNA and accused you and your family of being supporters of the LTTE.

[12] You told me that it did not matter that they were government servants, and that they were targeting you because you were Tamil. You told me that following this issue, you decided to leave the country. You told me that you could not just leave and have your family living in XXXX because of the incidents that happened to you, so you moved them to XXXX in order for them to be safe while you were gone.

[13] It was clear to me the way you talked about leaving the country, and how you left your wife and child in XXXX was upsetting to you, and you said yourself that you wish you did not have to leave the country, as you had a good job and a family, and you never wanted this to happen. You told me about your journey and struggle of coming here to Canada during the pandemic, which took you approximately more than a year, traveling over — traveling to over ten countries to get here.

[14] You explained that during your travel to Canada, you stopped in Africa where you contacted your mother, and she informed you that people had been calling her and your younger brother asking about your location. When I asked you what was asked over the phone and who was calling her, you told me that your mother said that she did not know who it was, and even when she asked who it was, they did not tell her. They only asked about your whereabouts. You told me that you told your mother to continue telling them that you — she did not know where you were to avoid any problems.

[15] When you testified about your two (2) incidents with the police, and you provided spontaneous details about the experience, I found that there were no issues with your testimony which would be sufficient to rebut the presumption of truthfulness. You have also provided supporting documents at Exhibit 5. I have already noted a number of these relating to your identity, but in support of your core allegations you provided a letter from your wife with her ID card, a letter from SS, a Member of Parliament who represents TNA which you supported when you were in Sri Lanka, letters from the XXXX XXXX XXXX XXXX in XXXX and XXXX, and a letter from your friend TK (ph) who is also a XXXX XXXX XXXX, and all of these letters corroborate your testimony.

[16] You also provided images of your son’s injury following the police incident on XXXX XXXX, 2019. Images of events that you discussed disease prevention at during your employment as a XXXX XXXX XXXX, and a confirmation of employment here in Canada.

[17] I note no issues on the surface of these documents and assign them full weight and establishing your allegations.

[18] In terms of your Tamil profile, I note that your birth certificate lists your parents’ ethnicities as Tamil and your birth place as XXXX, which is in the northeast of Sri Lanka. You also testified in Tamil during the hearing. I note from the objective evidence that the North and East of Sri Lanka is predominantly Tamil. Therefore, on a balance of possibilities I find that your Tamil identity has been established.

[19] Based on your testimony and evidence presented, I find that you have established on a balance of probabilities, your two (2) incidents with the police and your profile as a Tamil male from the Northeast of Sri Lanka, who the Sri Lankan authorities perceived to be a supporter of the LTTE due to your involvement with the TNA.

[20] So, in short, I believe what you have alleged on a balance of probabilities, and find your subjective fear to be established.

[21] The objective documentation in the NDP at Exhibit 3 supports your allegations and the risk to you on return to Sri Lanka. The objective evidence shows ongoing abuses against the Tamil population in Sri Lanka. Sources indicate that impunity for such abuse and against Tamils persist, and that many people who are alleged to have committed serious crimes against Tamils are now in government positions. This can be found at Item 13.1. Suspected sympathisers of Tamil rebel groups are still subject to arbitrary arrest. There is ample evidence of Tamils being monitored abroad and suspected of having links to the LTTE upon return to Sri Lanka.

[22] Even returning Tamils, who are — having a low profile and are only connected to the LTTE through historical connections or associations, have been targeted. Tamil returnees who have been claimed — or sorry, who have claimed refugee status abroad and have returned to Sri Lanka are sometimes interrogated and detained at the airport, and this information can be found in Items 4.1, 13.7 and 4.5.

[23] Given that you have established your travel — your Tamil profile and your allegations that you were targeted by the army and the police, I find that you — if you were to return to Sri Lanka, you would continue to be suspected of having links to Tamil rebel groups and accused of being against the government, and as such, you would face a serious risk of detention and cruel treatment.

[24] I feel like this height is also — sorry, I feel like this risk is also heightened due to your previous role as a public health inspector with the government. As such, I find that you have established that you would face a serious possibility of persecution based on your involvement with the TNA if you were to return to Sri Lanka, which is only furthered upon return, giving your stay in Canada and your asylum claim.

[25] Therefore, I find that your claim is well-founded.

[26] I find that state protection would not be available to you if you were to seek it in Sri Lanka when the agents of persecution are the States themselves. The presumption of state protection may be rebutted without exhausting all avenues of recourse in the country. In this case, the agents of persecution are the state. The National Documentation Package at Item 1.9 states that Sri Lanka lacks an independent and efficient mechanism to address complaints of torture. At Item 2.2, it also states that there are limited steps taken to hold perpetrators of serious human rights violations accountable.

[27] So, in light of the objective country documentation that I have already referred to, as well as your personal circumstances, I find that you rebutted the presumption of state protection, and that adequate state protection would not be available to you in Sri Lanka.

[28] I have also considered whether an internal flight alternative exists for you. However, given the army and other state authorities have targeted you, I find that you face a serious possibility of persecution throughout the country. Item 1.9 in the NDP states that Sri Lankan forces maintain effective control throughout the country, and individuals are not likely to relocate internally without an anonymity. As such, I find that there is no viable internal flight alternative available for you in Sri Lanka.

[29] Based on the totality of the evidence, I find that you are a Convention refugee. Therefore, I accept your claim.

——— REASONS CONCLUDED ———