Citation: 2019 RLLR 108
Tribunal: Refugee Protection Division
Date of Decision: March 7, 2019
Panel: A. Rico
Counsel for the Claimant(s): Hannah Lindy
Country: Saudi Arabia
RPD Number: TB8-25749
ATIP Number: A-2020-01459
ATIP Pages: 000172-000175
DECISION
[1] MEMBER: These are the reasons for decision in the claim of [XXX]. First name is spelled, [XXX] (sic). Second name is spelled [XXX], middle initial [XXX]. Last name is spelled, [XXX] who claims to be a citizen of Saudi Arabia and is claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[2] In rendering my decisions, I have had considered and applied the Chairperson’s guidelines on women refugee claimants fearing gender related persecution.
[3] You allege the following. You were sexually assaulted in Canada by a male Saudi citizen. You reported the sexual assault to the police and criminal charges were laid which resulted in criminal proceedings against the male Saudi citizen.
[4] The Saudi Government pressured you to drop the criminal charges and to work with them to stop the criminal proceedings.
[5] The male Saudi citizen belongs to a prominent family in Saudi Arabia. You fear that you will be prosecuted if returned to Saudi Arabia as the Saudi Government would blame you for being sexually assaulted.
[6] I find that you are a Convention refugee as your fear of persecution is by reasons of your membership in a particular social group, specifically that a woman fearing gender based violence.
[7] I find that your identity as a national of Saudi Arabia is established by your testimony and the supporting documentation filed, including the certified true copy of your passport found at Exhibit 1.
[8] I find that the wealth of documentation found at Exhibits 5 and 7 establishes, on a balance of probabilities, that criminal charges were laid against a male Saudi citizen, and that you received threats from the Saudi Government because of these criminal charges.
[9] You provided documents corroborating the criminal court proceedings against the male Saudi citizen as well as the threats you received via WhatsApp messaging arising from the commencement of those criminal court proceedings.
[10] Given the preponderance of the corroborating evidence before me I find that, on a balance of probabilities, your allegations of persecution are, in fact, true.
[11] I do not draw a negative credibility inference from your delay in making a refugee claim. I find it completely understandable that you had many things going on between attending hospital appointments, attending court appearances, and being available for Crown Prosecutors related to your criminal case.
[12] I find it completely reasonable that the criminal case be in the forefront of your mind and that you would focus on the criminal proceedings.
[13] I also note that at the time you were not at risk of being removed until Saudi students were called back to Saudi Arabia. As such, the risk had not yet materialized for you. And shortly after the risk of return to Saudi Arabia materialized you initiated your refugee claim.
[14] While I continue to have concerns regarding your re-availment to Saudi Arabia in 2017, when weighing the totality of evidence as a whole these concerns are insufficient to rebut the presumption of truthfulness.
[15] I therefore find that you have established a subjective fear of persecution if you are to be returned to Saudi Arabia by reason of your membership in a particular social group, specifically that of women fearing gender based violence.
[16] Your subjective fear of persecution is objectively well-founded.
[17] The documentary evidence at Exhibit 3 Item 2.1 states that one of the most significant human rights issues included violence and official gender discrimination against women, despite the announced new women’s rights initiatives.
[18] Though rape is a criminal offence under Shari law, a rape victim must provide four witnesses to the rape or the perpetrator’s confession. Otherwise, the victim will be persecuted … prosecuted for having illegal sex. Punishment imposed by the court for having illegal sex may range from flogging if she is single or execution if she is married. Any resulting pregnancy also leaves them open to criminal prosecution or other punishment such as honour killing. Evidence of which can be found at Exhibit 3 Items 5.1 and 5.6.
[19] Few cases of rape are prosecuted or reported as women fear being prosecuted themselves if they do report the crime.
[20] Given that the criminal proceedings of sexual assault against a male Saudi citizen is public knowledge and that the Saudi Government through its embassy is aware of these criminal proceedings and that the objective documentary evidence establishes that you will more likely than not face a serious possibility of persecution if returned to Saudi Arabia as you may be punished for having what is considered in Saudi Arabia illegal sex, I find that you have established a well-founded fear of persecution in Saudi Arabia.
[21] As the agent of persecution in your particular circumstances is the State, given that they will more likely than not prosecute and met out the punishment, I find that it would be objectively unreasonable for you to seek protection of the State.
[22] I have also considered whether a viable internal flight alternative exists for you. On the evidence before me I find that there is a serious possibility of persecution throughout Saudi Arabia.
[23] It is clear from the objective documentary evidence that the treatment of women in Saudi Arabia is the same throughout. As such, there is no safe place for you.
[24] Based on the analysis above I conclude that you are a Convention refugee. Accordingly, I accept your claim.
[25] Okay, let’s pull the mics back.
[26] This concludes today’s hearing. We will be going off the record now. I wish you all a good afternoon.
———- REASONS CONCLUDED ———-