MB1-04789

The claimants' evidence of past discrimination did not demonstrate a well-founded fear of persecution now because post-2011 country conditions in Tunisia show improved religious freedom and eased restrictions on association, the claimants were not active proselytizers, and documentary evidence outweighed their testimony; accordingly they are neither Convention refugees nor persons in need of protection.

Citation: MB1-04789
Parties: Claimant: XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 1 October 2013
Procedural Posture: Refugee Protection Claim (convention Refugee and Person in Need of Protection Under Irpa) / Hearing and Decision (refugee Protection Division)
Outcome: Claims rejected
Legal Topics: Convention Refugee, Religious Persecution, Conversion, Country Conditions, Risk of Torture, Well Founded Fear, Non Refoulement
Source Language: English

Immigration Law Refugee Law Administrative Law Human Rights Law Convention Refugee Religious Persecution Conversion Country Conditions +3 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection Under Irpa) / Hearing and Decision (refugee Protection Division)

Legal Issues

1 Whether the claimants are Convention refugees under section 96 of the IRPA due to religious persecution as converts to Christianity
2 Whether the claimants are persons in need of protection under section 97(1) of the IRPA (risk of torture/cruel and unusual treatment)
3 Assessment of credibility of claimant testimony versus documentary country condition evidence

Ratio Decidendi

Court Disposition

Claims rejected