2022 RLLR 137

2022 RLLR 137

The panel found on the balance of probabilities that the claimant is a genuine Christian based on consistent testimony, substantive religious knowledge, and corroborative documentary evidence of church membership and baptism; although the specific alleged October 2019 raid lacked sufficient corroboration, objective country evidence shows converts in Iran face a real risk of arrest and persecution, so the claimant would be at risk on return and qualifies as a Convention refugee.

Citation
2022 RLLR 137
Parties
Claimant: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
26 September 2022
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision at Refugee Protection Division
Outcome
Claim allowed; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Religious Persecution, Conversion (sur Place), Credibility and Corroboration
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Religious Persecution Conversion (sur Place) Credibility and Corroboration

Case Brief

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Parties

XXXX

Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee under IRPA due to conversion to Christianity
  2. 2 Whether claimant faces risk of persecution/torture on return to Iran because of religion/membership of a particular social group
  3. 3 Assessment of credibility and sufficiency of corroborative evidence

Ratio Decidendi

The panel found on the balance of probabilities that the claimant is a genuine Christian based on consistent testimony, substantive religious knowledge, and corroborative documentary evidence of church membership and baptism; although the specific alleged October 2019 raid lacked sufficient corroboration, objective country evidence shows converts in Iran face a real risk of arrest and persecution, so the claimant would be at risk on return and qualifies as a Convention refugee.

Court Disposition

Claim allowed; claimant found to be a Convention refugee

Orders

  • Claimant granted refugee protection