VC0-03248

VC0-03248

The appeal is dismissed because the Appellant has not converted to Christianity, there is no objective evidence Iranian authorities regard or would target her as an apostate by virtue of her mother's conversion, her father remains in Iran and is Muslim which, under country evidence, determines the child's religious status, and therefore the Appellant lacks a well-founded fear of persecution on a Convention ground.

Citation
VC0-03248
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Designated Representative (appellant's Mother): Mahboobeh Ariyanmehr; Panel Member / Decision Maker: M. Kingma
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 March 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision (appeal Heard and Decided)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Convention Refugee, Religious Persecution, Well Founded Fear, Association Based Persecution, Sur Place Profile
Source Language
English
Immigration Refugee Protection Administrative Law Convention Refugee Religious Persecution Well Founded Fear Association Based Persecution Sur Place Profile

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Mahboobeh Ariyanmehr

Designated Representative (appellant's Mother)

M. Kingma

Panel Member / Decision Maker

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision (appeal Heard and Decided)

Legal Issues

  1. 1 Whether the Appellant has a well-founded fear of persecution in Iran because of her mother's conversion to Christianity
  2. 2 Whether association with a convert creates a Convention nexus or sur place profile for the Appellant
  3. 3 Credibility and evidentiary sufficiency to establish objective risk

Ratio Decidendi

The appeal is dismissed because the Appellant has not converted to Christianity, there is no objective evidence Iranian authorities regard or would target her as an apostate by virtue of her mother's conversion, her father remains in Iran and is Muslim which, under country evidence, determines the child's religious status, and therefore the Appellant lacks a well-founded fear of persecution on a Convention ground.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed