Citation: 2020 RLLR 4
Tribunal: Refugee Protection Division
Date of Decision: October 20, 2020
Panel: A. W. Chin
Counsel for the Claimant(s): Meghan Wilson
Country: Sri Lanka
RPD Number: TB9-16354
ATIP Number: A-2021-00540
ATIP Pages: 000028-000032
DECISION
[1] MEMBER: This is a decision for the claimant [XXX] file number TB9-16354. The hearing date is October the 20th, 2020.
[2] I’ve considered your testimony and the other evidence in this case and I’m ready to render my decision orally.
[3] You are claiming to be a citizen of Sri Lanka and are claiming refugee protection pursuant to Sections 96 and subsection 97(1) of the Immigration and Refugee Protection Act.
[4] I find that you are a Convention refugee on the grounds of your imputed political opinion for the following reasons:
Allegations:
[5] Your allegations are found in your Basis of Claim Form and related narrative which are found in Exhibit 2.
[6] You alleged that you lived in the Vanni area during the civil war which was an LTTE controlled area. You then moved to Jaffna under army control where they grew to be suspicious of you since you had come from Vanni. You moved to Columbo in 2006.
[7] You … you allege that on [XXX] of 2008, the police raided a market where you were located. They checked your ID and found that you were found from Vanni and then you were detained and abused for two days. They asked you questions about your involvement in the LTTE and you were released.
[8] On [XXX], 2009, you allege that you moved to Chani, India on a tourist visa and registered as a refugee there and subsequently got a degree in [XXX] there. During this time you allege that you’d taken interest in Tamil refugees and started work on a documentary outlining the challenges that they face.
[9] Sometime in [XXX] of 2017, you allege that you mailed a portion of the documentary to a Tamil leader in Jaffna. You then returned to Columbo on [XXX] of 2017.
[10] Upon returning at the airport, you allege that you were detained where you were questioned, abused, and accused of spreading anti-government propaganda and being a supporter of the LTTE. You were held for [XXX] days and then released after you learned that your mother had bribed the police.
[11] You allege that on [XXX] of 2018, when you were [XXX] for a [XXX] you were approached and detained by at TIB Head Office in Columbo where you were beaten and questioned again.
[12] You allege that you managed to escape while left unattended at the [XXX] hospital. You fled to your aunt’s house for three months after which point an agent arranged for your departure to Canada.
[13] You allege that you’ll be harmed or killed anywhere throughout Sri Lanka since you were found in Columbo and you will not be protected.
Identity:
[14] With respect to your identity, I find your identity has been established, on a balance of probabilities, as a national of Sri Lanka by your testimony and the supporting documents you provided, namely your expired passport, birth certificate, and national ID card.
Nexus:
[15] I find there is a nexus between what you fear in Sri Lanka and Section 96, namely on the ground of imputed political opinion for the reasons that follow.
Credibility:
[16] In terms of your general credibility I found you to be a credible witness and therefore accept what you have alleged in your oral testimony and your Basis of Claim Form.
[17] In support of your claim you provided or rather counsel provided a country conditions document which supports what I’ve noted in the objective evidence.
[18] You also provided education records and evidence of your prior refugee registration in India, a letter from your mother, a letter from your aunt which supports where you were hiding, a letter from your friend who attested to your detainment in [XXX], is [XXX] 2018, and a letter from a member of parliament in Jaffna. You also provided a photo of your injuries.
[19] I’ve reviewed that evidence and I found it to be consistent with the testimony that you’ve given today.
[20] You testified in detail about the detainments and abuses that you had to endure, specifically, the [XXX] detainment where you were at the market, the [XXX], 2017 detainment when you were coming back from the airport, and the [XXX], 2018 detainment when you were preparing for the memorial service.
[21] I found your testimony in this regard to be credible. Therefore, I find that you’ve established your subjective fear, on a balance of probabilities.
[22] With respect to the objective evidence, it indicates that there’s an ongoing risk for Tamils who are suspected of supporting the LTTE. These supporters, whether real or perceived, are still subject to abuses at the hands of Sri Lankan authorities, including arbitrary arrest and detention where torture and other human rights infringements are known to occur.
[23] I further note that the objective evidence indicates that the majority of victims of enforced disappearances have been male.
[24] COUNSEL: Sorry, can you lift your … your mask up?
[25] INTERPRETER: Yeah, sorry.
[26] COUNSEL: Thank you.
[27] MEMBER: Thank you.
[28] Item 1.8 indicates that the Sri Lankan military police and intelligence services have continued to practice torture, including other forms of sexual torture in the years of peace since the end of the armed conflict.
[29] Those at a particular ongoing risk of torture includes Tamils with real or perceived associations with the LTTE at any level and whether or not it’s current or historic.
[30] Torture and sexual violence have occurred under the new government in known army camps throughout the north of Sri Lanka and there are secret camps that are still operating in unknown but diverse places throughout Sri Lanka.
[31] I’ve also found there to be evidence of detainments at airports. Item 1.4, specifically Section 8.2.5, indicates that there … arbitrary detentions still occurs for Tamils returning to Sri Lanka from abroad and that these individuals are monitored. More information can be found in Item 13.5.
[32] I found this evidence to be consistent with the testimony that you gave today and what’s in your narrative and therefore I find that your subjective fear has an objective basis. Therefore, I find that you’ve established a well-founded fear within the meaning of Section 96, on a balance of probabilities.
[33] Therefore, on a balance of probabilities, I find that those three detainments that I had mentioned earlier had occurred in the manner that you allege.
State Protection:
[34] I find your agent of persecution is the Sri Lankan police and military groups which are Federal institutions. Therefore, I find it objectively unreasonable for you to seek out protection and that State protection could not be seen as being reasonably forthcoming. I find the presumption of State protection is rebutted.
[35] I’ve also considered whether there is a viable internal flight alternative for you. Given that the agent of persecution is also the State, I also find that the claimant’s IFA analysis fails at the first prong of the test and therefore an IFA is not available to this claimant, as you’d be located by the police or authorities throughout Sri Lanka.
[36] In conclusion I found you to be credible in relation to the material elements of your claim. You testified in a straightforward and spontaneous manner and you didn’t embellish your story.
[37] Therefore, on the basis of the totality of the evidence I accept your claim pursuant to Section 96 of the Immigration and Refugee Protection Act and I find that you’re a Convention refugee. Your claim is accepted.
———- REASONS CONCLUDED ———-