2020 RLLR 137

The claimant met the Convention refugee test: on the balance of probabilities he is a Dervish Sufi and a musician, his testimony was credible, country reports corroborate that Dervish Sufis and musicians are targeted in Iran, and because the state is the agent of persecution there is no adequate state protection or internal flight alternative; therefore he is a Convention refugee under s.96 IRPA.

Citation: 2020 RLLR 137
Parties: Tribunal: Refugee Protection Division
Court: Royal Canadian Mounted Police Labour Relations
Jurisdiction: Canada
Judgment Date: 8 October 2020
Procedural Posture: Refugee Protection Claim (irpa Ss.96 97) / Decision (oral)
Outcome: Claim allowed; claimant found to be a Convention refugee pursuant to s.96 IRPA.
Legal Topics: Convention Refugee, Persecution, State Protection, Internal Flight Alternative, Credibility
Source Language: English

Immigration Law Refugee Law Human Rights Convention Refugee Persecution State Protection Internal Flight Alternative Credibility

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Parties

Refugee Protection Division

Tribunal

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Decision (oral)

Legal Issues

1 Whether claimant qualifies as a Convention refugee
2 Credibility of claimant
3 Availability of state protection in Iran

Ratio Decidendi

Court Disposition

Claim allowed; claimant found to be a Convention refugee pursuant to s.96 IRPA.

Orders

Claimant recognized as a Convention refugee under s.96 IRPA
Hearing closed