2019 RLLR 181

2019 RLLR 181

The panel accepted the claimant's credible evidence of conversion to Orthodox Christianity, corroborated by personal documents and country evidence showing converts face harassment and that authorities often fail to protect Copts; the claimant therefore rebutted the presumption of state protection and established a serious possibility of persecution for herself and her minor sons, satisfying section 96 IRPA and warranting designation as Convention refugees.

Citation
2019 RLLR 181
Parties
Claimant: Ms. XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
26 February 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act (irpa) / Expedited Determination — Decision Without a Hearing
Outcome
Claims accepted — claimants found to be Convention refugees under section 96 of the IRPA
Legal Topics
Convention Refugee, Religious Persecution, State Protection, Expedited Process, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Religious Persecution State Protection Expedited Process Credibility Assessment

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Parties

Ms. XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act (irpa) / Expedited Determination — Decision Without a Hearing

Legal Issues

  1. 1 Whether the claimants face a serious possibility of persecution on the basis of religion if returned to Egypt
  2. 2 Whether the claimant has rebutted the presumption of state protection
  3. 3 Credibility and identity of the claimant as a convert to Orthodox Christianity

Ratio Decidendi

The panel accepted the claimant's credible evidence of conversion to Orthodox Christianity, corroborated by personal documents and country evidence showing converts face harassment and that authorities often fail to protect Copts; the claimant therefore rebutted the presumption of state protection and established a serious possibility of persecution for herself and her minor sons, satisfying section 96 IRPA and warranting designation as Convention refugees.

Court Disposition

Claims accepted — claimants found to be Convention refugees under section 96 of the IRPA

Orders

  • The claimants' refugee protection claims are accepted and they are recognized as Convention refugees under section 96 IRPA.
  • Decision rendered via expedited process without a hearing pursuant to RPD instructions and applicable IRPA provisions.