Citation: 2019 RLLR 42
Tribunal: Refugee Protection Division
Date of Decision: April 26, 2019
Panel: Daniel Carens-Nedelsky
Country: Bangladesh
RPD Number: MB7-18164
Associated RPD Number: MB7-18193
ATIP Number: A-2020-01274
ATIP Pages: 000012-000016
[1] This is the decision for the claimant [XXX] and [XXX], under principal file number MB7-18164. I note for the record these claims were initially joined with that of the minor claimant [XXX] (phonetic) [XXX]. Immediately prior to rendering my decision, the claimants withdrew the claim, as he is a US citizen. I have considered your testimony and the documents you have provided, and I am ready to render my decision orally. You are claiming to be citizens of Bangladesh and are claiming refugee protection pursuant to sections 96 and 97 sub 1 of the Immigration and Refugee Protection Act.
[2] BY THE INTERPRETER:
96 and… ?
[3] BY THE PANEL:
97 sub 1.
DETERMINATION
[4] I find that you are “Convention refugees” for the following reasons.
ALLEGATIONS
[5] Your full allegations are set out in your Basis of Claim forms. In brief, you fear persecution because of Mr. XXXX status as a Bihari. You have faced discrimination through much of your life because you are a Bihari, or a stranded Pakistani. This discrimination reached a tipping point when members of an Awami League Cadre began extorting you for money. They assaulted you multiple times, and ultimately kidnapped your wife and child, during which time you, Madam, were treated very terribly. After this, they continued to threaten you and you sought refuge in another part of your country, but the threats continued, making you realize you would not be safe anywhere in Bangladesh and sought Canada’s protection.
ANALYSIS
IDENTITY
[6] I find on a balance of probabilities that your personal identity and identity as nationals of Bangladesh, have been established through your testimony and your documents, in particular your Bangladeshi passports.
CREDIBILITY
[7] There were no significant omissions, errors, or contradictions in your testimony and you both testified in a spontaneous and forthcoming manner. I therefore accept that events have occurred as you allege. Sir, you testified credibly about your experience as a Bihari and the discrimination you faced. You testified in detail about a couple of the assaults you received from the Awami League, including who attacked you, where they attacked you, what they looked like, and what you did after you were attacked. Your wife credibly testified on how she met you, about what it was like to move into the neighbourhood where you lived, and why she felt unsafe there. You supported your testimony with a number of documents, including hospital and… hospital reports corroborating your claim, police reports you filed, a number of documents showing your parents’ and your status as a Bihari, psychological reports of your wife following her traumatic events, and affidavits from friends and family. I note there is… was a minor inconsistency between the letter that your friend wrote in support of your testimony and your testimony and your Basis of Claim form. You explained part of this discrepancy, and given your otherwise wholly credible testimony and well-supported documenting evidence, I do not find that this minor inconsistency undermines your credibility. Based on your credible testimony, I find that you have a subjective fear of returning to Bangladesh.
NEXUS
[8] I find that the persecution, you Sir, face has a nexus to the Convention due to your membership in a particular social group, specifically as a Bihari. And, Madam, I find that you have a nexus to the Convention also as a member of a particular social group, in this case as a woman fearing gender-based violence as well as being… as well as being targeted for being the family member of an individual facing persecution. In this case, for marrying a Bihari.
OBJECTIVE BASIS
[9] The country condition documents support your allegation that Biharis face persecution in Bangladesh. Tab 1.15 of the National Documentation Package, states that Bihari tend to live in ghettos, that the government sees them as an enemy, and that… and discusses that they only recently received citizenship in Bangladesh due to a Supreme Court decision. Tab 1.17 of the National Documentation Package notes that following independence, many Biharis faced reprisal including violence, that laws intended to manage properties caused many Biharis to lose their possessions and forced them into camps, and that many Biharis have reported difficulties obtaining passports as well as jobs in government. Item 9.3 of the National Documentation Package notes that in 2014, nine Biharis were burned alive and one killed by police shots, and that the first response of law enforcement was to pick up seven local Biharis
[10] BY THE INTERPRETER:
Nine or seven, Sir?
[11] BY THE PANEL:
Seven. And, that calls to bring the allegedly involved local Awami League leaders to justice remained unheeded. You also supported newspaper articles referring to these events. Based on this evidence, I find that there is an objective basis for your fear.
STATE PROTECTION
[12] The individuals you fear have a connection with the government. One of those you fear is the nephew of a local Awami League member. You provided some documentary support of this with an online post that specifically mentions this member of parliament in relation to these events. And, you sought the protection of police on a number of occasions, and found that they were either unable or unwilling to help you as the persecution remained constant. In these circumstances, I find that adequate State protection would not be forthcoming to you if you were to return.
INTERNAL FLIGHT ALTERNATIVE
[13] You credibly testified that you sought safe haven in Chittagong after the kidnapping of your wife and son, but that the (inaudible) discovered you there and threatened the friend you were staying with. You… you fear you will be found anywhere you go in Bangladesh, and you will be located because you will be forced to show your I.D. card that will also show your parents’ status. Given that your agents of persecution have already found you when you sought to flee quite far away from where you had lived, that they have a connection to the ruling party, and that there is a serious possibility you will face the same discrimination for being a Bihari anywhere you go in Bangladesh, I find that you do not have an internal flight alternative available to you.
CONCLUSION
[14] Based on the totality of the evidence, I find that you face more than a mere possibility of persecution for the nexus reasons discussed above. I therefore find that you are “Convention refugees”. Your claims are therefore accepted. Thank you both for your testimony.