Citation: 2019 RLLR 87
Tribunal: Refugee Protection Division
Date of Decision: January 10, 2019
Panel: K. Pike
Counsel for the claimant(s): Claire Houkaye m
Country: Libya
RPD Number: TB7-18122
Associated RPD Numbers: TB7-18133, TB7-18157, TB7-18158, TB7-18159
ATIP Number: A-2020-01459
ATIP Pages: 000037-000039
DECISION
[1] MEMBER: This is the decision in the claims for refugee protection made by [XXX] and [XXX]. The principal File Number is TB7-18122.
[2] Having carefully considered the evidence in this case, I am in a position to render a decision orally now and that decision is to accept the claim. The reason I come to that conclusion is as follows.
[3] First of all, your identities are well established. I have copies of everyone’s passports and numerous other identity documents.
[4] You have sought protection the following reason: When you returned to Libya in 2015 after having finished a period of studies in Canada, you allege that your home in Tripoli was damaged during armed conflict in the city at that time. You were not living there at that time, you were living in your parents’ home another city, Zaltan.
[5] You went to go check on the damage. You made a report to the persons of responsible for the local security in the area in hopes of one day getting for some compensation for the damage. People came to inspect the home and the damage, and you say that an unintended consequence of this was that they found materials that they perceived to be of pro-Gaddafi in your home. Despite your explanation that these were related to your academic work, you were detained and questioned, treated badly in detention.
[6] And you remain afraid of returning to Libya as you believe the security forces and militia groups perceive you as aligned with the former regime. You say this belief is supported by the continuing action of the local militia in your neighborhood in Tripoli, and that they chose to take your home you said for their own purposes in 2017.
[7] You were able to secure visas to return to Canada to study and subsequently claim protection here. So, the reason I accept the claim is because I do find there is sufficient credible evidence to support your allegation.
[8] Your testimony today was consistent and detailed. You provided documents in support of your claim, which included photos of your home and the damage to your home, letters from family members and neighbors who support your claims, and a record from the local militia group obtained by a family member, and so for all of those reasons I do believe that your home was damaged and you are now a target of the local militia group in Tripoli and that should you return to Libya and try to live in your home in Tripoli, you would face more than a mere possibility of persecution as a result of your perceived political opinion as being seen as pro-Gaddafi and by default against the militia.
[9] Having found that you face persecution in your home, I had do consider whether there was an internal flight alternative for you. We considered Zaltan as this where your family is from and where you went to after you were released in Tripoli. You claim that you would be at risk there because the militia groups are widespread. You did remain there for a number of months before leaving Libya. There is no information that that militia group has control or reach in that city, and your family continues to live there. So, it is somewhat questionable whether the evidence supports that you would face risk there.
[10] However, in addition to your fear of return, you also described the situation in general in the city as very poor. The security situation has resulted in your family member and others being unable to leave their homes and living in a situation of fear based on the lack of security in the area.
[11] You are a family with four young children, and so even if the specific militia group that you fear in Tripoli would not necessarily harm you there, I find it objectively unreasonable for you to relocate to a city where there is such a poor security situation such that people were unable to leave their homes.
[12] Finally, I note that there is no State protection currently in Libya as there is no functioning central State.
[13] And so, for all of those reasons, I do find that you are Convention refugees and the claims are accepted. Thank you.
[14] COUNSEL: Thank you, Board member.
———- REASONS CONCLUDED ———-