2019 RLLR 165

2019 RLLR 165

On the balance of probabilities the claimant's testimony and corroborating documents are credible; objective country evidence shows a real risk of torture, arbitrary arrest and abusive detention by Egyptian authorities because he is perceived as a supporter of the Muslim Brotherhood; state protection and internal flight alternative are not available because the state is the agent of persecution; therefore the claimant meets the definition of a Convention refugee under s.96 IRPA.

Citation
2019 RLLR 165
Parties
Claimant: XXXX XXXX XXXX XXXX; Tribunal: Refugee Protection Division
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
4 February 2019
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Final Decision (reasons for Decision)
Outcome
Claim accepted; claimant found to be a Convention refugee.
Legal Topics
Convention Refugee, Person in Need of Protection, Persecution, Credibility and Corroboration, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Persecution Credibility and Corroboration Internal Flight Alternative

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Parties

XXXX XXXX XXXX XXXX

Claimant

Refugee Protection Division

Tribunal

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Final Decision (reasons for Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether claimant is a person in need of protection under subsection 97(1) IRPA
  3. 3 Credibility of claimant and sufficiency of corroborating evidence

Ratio Decidendi

On the balance of probabilities the claimant's testimony and corroborating documents are credible; objective country evidence shows a real risk of torture, arbitrary arrest and abusive detention by Egyptian authorities because he is perceived as a supporter of the Muslim Brotherhood; state protection and internal flight alternative are not available because the state is the agent of persecution; therefore the claimant meets the definition of a Convention refugee under s.96 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee.