2024 RLLR 96

Citation: 2024 RLLR 96
Tribunal: Refugee Protection Division
Date of Decision: March 28, 2024
Panel: Persia Sayyari
Counsel for the Claimant(s): Amina G Osuoha-Muhammad (MUHAMMAD)
Country: Ethiopia
RPD Number: VC3-09583
Associated RPD Number(s): N/A
ATIP Number: A-2025-00611
ATIP Pages: N/A

DECISION

MEMBER:

INTRODUCTION
[1] These are the reasons for the decision of the Refugee Protection Division in the claim of XXXX XXXX XXXX, who claims to be a citizen of Ethiopia and is claiming protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.

ALLEGATIONS

[2] The claimant’s allegations are fully set out in his Basis of Claim form at Exhibit 2, and amended narrative at Exhibit 4.2, as well as oral testimony. This is only a summary.

[3] The claimant is a 36-year-old man who is a citizen of Ethiopia and no other country because of Amhara ethnicity. He worked in XXXX XXXX XXXX and lived in Addis Ababa. In XXXX 2021, while driving to a job site, his car was pulled over by men claiming to be the European security forces. When they saw he spoke in Amharic, they accused him of being a member of the Amhara Fano armed group and assaulted him.

[4] He had to leave his job because it was not safe for him to travel to the work site. He got another job in XXXX XXXX XXXX. In XXXX 2023, his manager asked him to help XXXX XXXX XXXX XXXX in the Amhara region, and he refused. His manager assigned that task to other people and warned the claimant that he could be fired for refusing these orders, and also accused him of being supportive of the Amhara armed group.

[5] In XXXX 2023, he went to visit his family in the Amhara region. A few days later, he was detained for a night in Addis Ababa and assaulted and accused of mobilizing youth against the government.

[6] In early XXXX 2023, the claimant fled to Canada. Since coming to Canada, he has participated in protests against Ethiopian government’s violence towards Amhara people. He fears that if he returns to Ethiopia, he will face persecution from government authorities in the form of arbitrary arrests, detention, and physical assault on grounds of ethnicity and political opinion.

DETERMINATION and Nexus

[7] I find the claimant is a Convention refugee, pursuant to section 96, as he faces a serious possibility of persecution in Ethiopia on the grounds of ethnicity and political opinion.

Identity and Country of Reference

[8] I find the claimant’s identity is established on a balance of probabilities by his European passport at Exhibit 1. There are also documents related to identity, such as a marriage certificate and birth certificate at Exhibit 4.1.

Credibility

[9] I find the claimant to be a credible witness. He testified in a forthright manner, and I did not note material discrepancies between his oral testimony and the documents on file. The claimant also provided documentary evidence at Exhibits 4.1 and (inaudible).

[10] This includes records of his email. Conversations with potential witnesses, that show that the witnesses were concerned about providing detailed statements due to their fears about wiretapping and the security situation in Ethiopia.

[11] It also includes documents such as a letter from his employer confirming he worked in telecommunications and wireless communications, as well as a letter from the XXXX XXXX XXXX confirming his Amhara ethnicity.

[12] There are photographs of the claimant at a protest in Canada against the treatment of Amhara people in Ethiopia, which the claimant also testified about at the hearing.

[13] I have had the opportunity to question the claimant about these documents, including asking about how he obtained them and on a balance of probabilities I find they are authentic.

[14] In assessing credibility, I have considered that the claimant testified about why he was unable to bring his laptop and other documentation relevant to his claim with him to Canada and found his answers to be credible. He gave a spontaneous and forthright answers about how he was concerned about bringing his laptop through the airport when he left Ethiopia, because he did not want to give authorities any reason to suspect that he would not be returning to the country. I accept this explanation on a balance of probabilities.

[15] I find the documentation provided by the claimant generally corroborates his allegations that he is an Amhara man who worked in wireless network engineering in Ethiopia, and also holds a political opinion in opposition to the Ethiopian government’s treatment of Amhara people.

[16] I have not found any reason to doubt the claimant’s testimony about the fact that he has also been detained by Ethiopian security services and police on suspicion of supporting the Amhara Fano group.

[17] To summarize, I find on a balance of probabilities the claimants material allegations are true.

Risk of Harm

[18] I find the claimant faces a well-founded fear of persecution from Ethiopian police and security authorities in the form of arbitrary arrest, detention, and serious physical harm. He faces this risk due to his profile as an ethnically Amhara person, who Ethiopian authorities have accused of opposing the Ethiopian government by supporting the armed Amhara Fano group. The risk towards the claimant is corroborated by the following country condition evidence.

[19] At Tab 2.3 of the National Documentation Package for Ethiopia, there is a report indicating that grievances about questions regarding land, politics, and identity, have led to ongoing deadly violence among ethnic communities in Ethiopia.

[20] A report at Tab 1.11 indicates that, people perceived as opponents of the current regime have faced harassment, intimidation, arbitrary arrest, physical abuse, and torture. There is information specifically regarding the current situation of Amhara in Ethiopia. According to an article at Tab 1.36, in August 2023, an armed rebellion began in Ethiopia’s Amara region. The military answered with tanks, artillery, and airstrikes, as the government declared a state of emergency. Soldiers fired upon demonstrators, killing an unknown number of civilians in several areas.

[21] The conflict did not simply begin in August 2023, however. According to Tab 2.11, in May 2023, government forces began a crackdown, arresting over 4500 individuals in the Amhara region. The crackdown was allegedly intended to disarm and demilitarize the Amhara militia known as the Fano. The government did not provide justification for its arrests.

[22] Also, the arrests were not restricted to the Amhara region. A report at Tab 1.36 indicates that arrests included many in the state capital, Addis Ababa, and were targeted towards people who are ethnically Amhara. This is consistent with the claimant’s allegations.

[23] I also note that the claimant’s disclosure at Item 4.2 includes country condition information confirming that the conflict in the Amhara region continues to escalate. This information is provided as recently as two (2) weeks ago in the relevant news articles in the claimant’s country condition disclosure.

[24] Given the claimant’s specific circumstances and the country condition evidence before me, I find he faces a serious possibility of persecution in Ethiopia from police and security services due to his profile as an Amhara man who is opposed to the Ethiopian government’s current treatment of Amhara people, and who has previously been accused by government forces of supporting the Amhara Fano armed militia.

State Protection and Internal Flight Alternative

[25] I find it would be objectively unreasonable to expect the claimant to approach the state for protection, because the agent of persecution is the state. There is no evidence before me to suggest there are adequately independent state authorities in Ethiopia who the claimant could approach for protection from the police and security services, whom he fears.

[26] For the same reason, I find there is no viable internal flight alternative available for the claimant. He faces a serious possibility of persecution on the grounds of ethnicity and political opinion throughout Ethiopia.

CONCLUSION

[27] I find the claimant is a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act, and I accept his claim.

——— REASONS CONCLUDED ———