Citation: 2019 RLLR 81
Tribunal: Refugee Protection Division
Date of Decision: November 29, 2019
Panel: Harry Dortelus
Counsel for the Claimant(s): Jonathan Richard J Lage
Country: Yemen
RPD Number: MB9-05137
ATIP Number: A-2020-01459
ATIP Pages: 000011-000014
REASONS FOR DECISION
EXPEDITED PROCESS
[1] The Tribunal issues this decision without a hearing in accordance with paragraph 170(f) of the IRPA and the Policy on the Expedited Processing of Refugee Claims by the Refugee Protection Division.
[2] The following is the decision related to the refugee claims of: Mr. [XXX]. He alleges that he is a citizen of Yemen and is claiming refugee protection as “Convention refugee” and as “persons in need of protection” under sections 96 and 97(1) of the Immigration and Refugee Protection (IRPA).
DECISION
[3] The Tribunal concludes that the claimant is a person in need of protection under section 97 of IRPA.
ANALYSIS
[4] The determinative issues are identity and credibility.
IDENTITY
[5] The claimant’s name is as indicated in his Yemeni passport: [XXX].
[6] The claimant has established his identity by means of the certified copy of his Yemeni passport which was seized by Canadian authorities when he claimed for asylum.1
[7] The claimant lived in Saudi Arabia from 2011 until February/March 2016 according to his Generic Application Form and his Schedule A Form. He moved to the USA to Study in [XXX] or [XXX] 2016 and never had any problem in Yemen, according to his CBSA interview dated March 12, 2019. He left the U.S. to come to Canada on [XXX] 20192, to claim asylum.
Allegations
[8] The story of this claim is as follows.
[9] The claimant alleges that he is a citizen of Yemen but he was born and resided in Saudi Arabia and never loved or resided in Yemen. He says that he is married to a Saudi citizen but has no permanent residence in that country or citizenship. He fears of being deported to Yemen where he may be targeted by the militias, including the houthis, as an outsider.
[10] He alleges that his relatives were assassinated in Yemen in 1974, 2013 and 2015 and he has no known relatives in Yemen. He is afraid to return to Yemen because, as a Yemeni from abroad, he could be targeted by various militias there.
[11] In his interview with CBSA authorities, the claimant recognized that he had no personal history of persecution or harm in Yemen3.
CREDIBILITY
[12] The claimant has established, on the balance of probabilities, that as a young Yemeni citizen who never lived or resided in that country, that he may face harm because of the ongoing civil war in Yemen.
[13] The evidence shows that he was born in Saudi Arabia and married a Saud citizen, which does not grant him the right of citizenship in Saudi Arabia. His family also resided in Saudi Arabia and outside Yemen, which would leave the claimant vulnerable if he was to be sent to Yemen.
[14] The documentary evidence shows that Yemen is not governed by a strong central government and various militias control several parts of the country and as a person who never lived in Yemen and carries foreign identity documents, the claimant could easily become identifiable thus a target of those militias.
[15] Given the fact that there is no state protection and the situation is similar all over the country, the Tribunal concludes that there is a risk to the claimant’s life if he was to be sent back to Yemen.
DECISION
[16] Therefore the claim is accepted.
(signed) Harry Dortelus
November 29, 2019
1 Notice of Seizure of the claimant’s Yemeni passport dated March 12, 2019.
2 Canadian Border Services Agency (CBSA) interview dated March 12, 2019.
3 Note No. 2.