2024 RLLR 2

Citation: 2024 RLLR 2
Tribunal: Refugee Protection Division
Date of Decision: January 25, 2024
Panel: Avril Cardoso
Counsel for the Claimant(s): Roberto Colavecchio
Country: India
RPD Number: TC2-22510
Associated RPD Number(s): N/A
ATIP Number: A-2024-01886
ATIP Pages: N/A

DECISION

[1]                   MEMBER: This is the decision of the Refugee Protection Division in the claim of XXXX XXXX, a citizen of India. You are claiming refugee protection pursuant to section 96 and 97 of the Immigration and Refugee Protection Act.

DETERMINATION

[2]                   In coming to my decision, I have considered and applied the Chairperson’s gender guidelines. I find that you are Convention refugee for the reasons which follow.

ALLEGATIONS

[3]                   To briefly summarize your allegations, you allege you began a relationship with a man who revealed intimate pictures to your family, who feel that you have brought dishonour and shame to them and have ostracized you. You began to support the Khalistan movement in Canada. You fear persecution and seek Canada’s protection.

Identity

[4]                   I find that you have established your identity as a citizen of India through your testimony and your passport, which can be found in Exhibit 1.

Nexus

[5]                   I find that there is a link between what you fear and the Convention grounds of political opinion and particular social group of women fearing honour and gender-based violence, and your claim is therefore assessed under section 96.

Credibility

[6]                   I found you to be a credible witness, and I therefore believe what you have alleged in support of your claim. I find that you are in a relationship with DE (ph). I accept your narrative, which you declared was true and correct.

[7]                   You described DE’s family, in particular an uncle, who is a member of the Congress party and who is well connected. You explained the reason for the pursuit of DE’s family through the police. You said that they view women as being inferior to men and when you successfully obtained a study visa and he did not, he felt insulted. After you decided to pursue your education alone in Canada, he became further insulted and sought revenge by distributing intimate pictures to your mother. Your testimony was very emotional and I believe your story as the impact and consequences you faced were quite evident.

[8]                   I find that you are a supporter of Khalistan. You testified that you were motivated because you believe that the principles endorsed by this movement will improve the rights and safety of women and girls. You said that you attend meetings, some rallies, and registered to vote, although you were unable to attend due to illness. You also post Khalistan material on social media. To corroborate your testimony, you submitted some social media posts, pictures of your attendance of the gurudwara, and your voter registration card. These can be found in Exhibit 6.

[9]                   I find that your delay in seeking protection is reasonably explained. You said you started to explore options after your application to extend your stay was refused in XXXX 2019. At the same time, you were coping with significant mental health issues stemming from the ostracization of your entire family.

[10]                   I therefore find that your subjective fear is established by your credible testimony and supporting documents.

Objective Basis

[11]                   Your fear of being deported to your country in the present circumstances is a fear that is well founded in the objective documents.

[12]                   The Australian Department of Foreign Affairs and Trade report, or DFAT, in 1.5 states that significant parts of Indian society remain conservative and patriarchal. Honour killings occur when families feel that the honour of their family is jeopardized. Violence against women is a significant problem in India and state protection is often inadequate.

[13]                   Those who choose to marry outside their religion or caste may experience shunning or violence from their families, but the outcome depends on the family, and there is not a typical pattern of reactions. Honour crimes, including acid attacks and homicides, are a possibility. Honour-based killings and honour crimes are expressions to describe the incidents of violence and harassment caused to a young couple intending to marry against the wishes of the community or family members.

[14]                   Sources indicate that honour-based violence is perpetrated by family members. Honour killings are usually not even registered by the police as caste-based crimes. This is in 5.10. Sikhs for Justice is banned by the government. The government perceives any advocacy that it feels threatens the unity and integrity of the country as extremist and terrorist, and takes any measures necessary to crush it.

[15]                   Generally speaking, any support of Khalistan, and particularly those affiliated with SFJ, can expect to be monitored, harassed and detained by state authorities. In recent years, the government of India and the NIA have become more active in monitoring social media posts of Sikh activists overseas. This is in 4.16.

[16]                   No Sikh can openly be an advocate for support the creation for Khalistan, and doing so results in harassment by the police, false cases, and also hatred. The government portrays anyone supporting separatism as an extremist or terrorist and an anti-national that can be legitimately targeted for violence. This is in 12.8.

State Protection

[17]                   I have considered whether state protection would be available to you if you return to your country, and I have concluded that it is not for the following reasons.

[18]                   According to DFAT, violence against women is a significant problem in India and state protection is often inadequate. Sources told DFAT that police commonly refuse to register cases or investigate crimes of violence, including violence that results in grievous bodily harm or death. This is in 1.5.

[19]                   The US Department of State report notes arbitrary arrests and detention, serious government corruption, and inadequate accountability for gender-based violence. A lack of accountability for official misconduct persisted at all levels of the government, contributing to widespread impunity. This is in 2.1.

[20]                   According to Freedom in the World, due process rights are not consistently upheld. Citizens face substantial obstacles in the pursuit of justice, including demands for bribes and difficulty getting the police to file a First Information Report, which is necessary to trigger an investigation of an alleged crime. Corruption within the police force remains a problem. This is in 2.6.

[21]                   There is clear and convincing evidence before me that the state is unable or unwilling to protect you.

Internal Fight Alternative or IFA

[22]                   I have also considered whether a viable IFA exists for you. I proposed Bengaluru and Mumbai as possible IFA locations. An IFA must be safe and it must be reasonable. On the evidence before me, I find, on a balance of probabilities, that it would be objectively unreasonable for you to relocate and accordingly, a safe IFA is not available.

[23]                   You are a 27-year-old single woman with a XXXX level of education in XXXX XXXX, which is incomplete. You have limited work experience. You have no family support in India. You are being pursued by DE and his connections related to perceived dishonour.

[24]                   Being and remaining a single woman in India is difficult and relatively uncommon. Marriage is a central feature of social lives and without a husband, social access is difficult. Sources report that it is difficult or impossible for single people, men or women, to rent accommodation, even in large cities. Single women can experience stigma and stereotypes. For example, perceptions of being choosy, morally loose or headstrong. This is in 1.5.

[25]                   Sikhs with separatist beliefs living outside of Punjab would have negative interactions in education and employment, would be monitored by the authorities, and would find it more difficult to live outside of Punjab. The World Sikh Organization representative stated that requirements that have been made to the relocation of Sikhs facing persecution more challenging include registration at a police station when moving, use of the Aadhaar card for basic services such as banking and tenant verification. According to another source, a Khalistan supporter from Punjab was hiding in Bengaluru and was traced by the police and arrested. This is in 12.8.

[26]                   As a young, single woman with limited work experience and education and who is without any family support or networks, and in the absence of adequate state protection for women, it would be objectively unreasonable for you to relocate in India and there is no viable IFA for you.

CONCLUSION

[27]                   Based on the totality of the evidence, I find you to be a Convention refugee and I accept your claim.

——— REASONS CONCLUDED ———