Citation: 2019 RLLR 32
Tribunal: Refugee Protection Division
Date of Decision: December 19, 2019
Panel: D. McKeown
Counsel for the Claimant(s): Nasser Hashemi
Country: Turkey
RPD Number: TB9-15470
Associated RPD Number(s): TB9-15505
ATIP Number: A-2021-01124
ATIP Pages: 000183-000185
[1] MEMBER: I have considered the testimony and other evidence in this claim, and I am now prepared to render a decision.
[2] The Claimants are [XXX] and [XXX]. They seek refugee protection against Iran pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act. For the following reasons, the Panel finds that the Claimants are Convention refugees, and this claim is accepted:
[3] This claim is based on the following allegations:
[4] The Claimants are citizens of Iran but have lived in Turkey on work permits since 2013. The Claimants started attending church in Turkey in December of 2017 and have continued attending church ever since that time. The Claimants arrived in Canada on [XXX] — excuse me — in [XXX] of 2018 as visitors. While they were here, they continued to develop their faith as Christians and they decided to seek protection here. They signed their Basis of Claims on June 12th, 2019.
[5] The identities of the Claimants were established on the basis of their Iranian passports, the originals of which were seized by the Minister.
[6] The Panel’s primary concern about this claim was the appearance on the face of the allegations that the Claimants were misrepresenting themselves as genuine Christian followers in order to gain immigration status in Canada. That possibility was suggested on the face of these facts, wherein the Claimants only sought protection in Canada in June 2019, despite having been here as Christians since [XXX] 2019. The Claimant explained that they came to Canada initially simply as tourists and had no intention to seek protection here when they initially arrived. It was not an easy decision to make to leave their country and families behind, so it was not until April 2019 that they finally decided they could never return to Iran again.
[7] The Panel was concerned about why the Claimants were still in Canada in April 2019 if it was only their intention to come here as tourists. The Claimant explained that originally they had a round-trip return ticket to leave Canada after one month, but they extended their stay simply because they enjoyed being here. The Claimants then sought advice from immigration consultants about trying to remain in Canada on student visas.
[8] The Panel is very concerned about this testimony. It does appear to the Panel on its face that the Claimants were not simply in Canada with the intention of visiting, but rather, that they did have the intent to immigrate. However, while the Panel is significantly concerned, the Panel cannot at this time unequivocally conclude on a balance of probabilities that immigration was their actual underlying intention. The Panel is not prepared to conclude that this concern over their delay undermines their presumption of truthfulness nor the ultimate threshold that they must meet which is a serious possibility of persecution. Despite the Panel’s concerns, in all other respects the Panel found that this claim was credible.
[9] The Claimant spoke about his life — their life in Iran and then in Turkey. He spoke about how they became interested in Christianity and how their conversion was a slow and drawn out process, occurring over many months. The Claimant also spoke about how his education in Christianity developed so fast and so early that he was even considering becoming a pastor.
[10] The Panel find this testimony was compelling. The Claimant was consistent, straightforward, and spontaneous, and there did not appear to be any attempt to embellish this part of the Claimant’s testimony. Where the Panel did have any other concerns, they were either reasonably explained or minimal in nature, and did not ultimately impact on the credibility of this claim. While the Panel has its concerns, therefore, on a balance of probabilities the Panel is prepared to accept the Claimants’ conversion to Christianity as genuine.
[11] The Panel has access to credible and reliable sources in the National Documentation Package, such as the U.S. Department of State Report, which makes clear that apostasy is punishable by death in Iran. The Panel is satisfied that the Claimants fit the profile of persons at a high risk of persecution. Whereas the state is the agent of persecution, the Claimants have rebutted the presumption that state protection would be adequate and forthcoming to them. Likewise, there is no location in Iran the Claimants could go where they would not face a serious possibility of persecution. For all these reasons, the Panel finds that this claim is credible. The Claimants’ fear is well-founded. The Claimants face a serious possibility of persecution in Iran on account of their religion. The Claimants are Convention refugees, and this claim is accepted.
[12] Just for one more point of clarity. Where this Panel has referred to the Claimant in the singular throughout this — these reasons, that refers to the male Claimant, although these reasons apply to both Claimants equally.
[13] Thank you both very much for being here. Thank you very much, Mr. Interpreter, thank you.
[14] INTERPRETER: You’re welcome.
[15] MEMBER: Everyone have a good afternoon.
— HEARING ADJOURNED