TB8-29231

TB8-29231

The panel found the claimants credible on central facts, their evidence was consistent with objective country documentation showing systemic attacks on Copts and inadequate state protection, the presumption of state protection was rebutted, and therefore there is a serious possibility of persecution on a Convention ground; consequently the claimants meet the definition of Convention refugees under section 96 IRPA.

Citation
TB8-29231
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXX; Female Claimant (spouse): XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 June 2019
Procedural Posture
Refugee Protection Claim (section 96 Irpa) / Expedited Determination; Decision Without a Hearing
Outcome
Claims accepted; claimants found to be Convention refugees under section 96 of IRPA.
Legal Topics
Convention Refugee, State Protection, Religious Persecution, Credibility, Expedited Process
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee State Protection Religious Persecution Credibility Expedited Process

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX

Female Claimant (spouse)

XXXX XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim (section 96 Irpa) / Expedited Determination; Decision Without a Hearing

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of IRPA
  2. 2 Whether the claimants rebutted the presumption of state protection in Egypt
  3. 3 Whether the claimants are credible on identity and past incidents

Ratio Decidendi

The panel found the claimants credible on central facts, their evidence was consistent with objective country documentation showing systemic attacks on Copts and inadequate state protection, the presumption of state protection was rebutted, and therefore there is a serious possibility of persecution on a Convention ground; consequently the claimants meet the definition of Convention refugees under section 96 IRPA.

Court Disposition

Claims accepted; claimants found to be Convention refugees under section 96 of IRPA.

Orders

  • Claims allowed; claimants granted refugee protection.
  • Designated representative for minors recorded and claims joined pursuant to RPD Rule 55.