2022 RLLR 90

2022 RLLR 90

Claimants were found credible; objective country evidence establishes that apostasy and atheism in Iran attract serious penalties and the State is unwilling/unable to protect them across Iran; no viable internal flight alternative exists; therefore the claimants meet the refugee definition in s.96 IRPA.

Citation
2022 RLLR 90
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
2 May 2022
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Decision (oral Reasons)
Outcome
Claims allowed; claimants found to be refugees pursuant to Section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Persecution, Religion (apostasy/atheism), Political Opinion, Credibility, Internal Flight Alternative, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Persecution Religion (apostasy/atheism) Political Opinion Credibility +2 more

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision (oral Reasons)

Legal Issues

  1. 1 Whether claimants face persecution on grounds of religion and political opinion arising from renunciation of Islam and adoption of atheism
  2. 2 Whether claimants are credible despite a delay in filing
  3. 3 Whether the State of Iran is unwilling or unable to provide protection

Ratio Decidendi

Claimants were found credible; objective country evidence establishes that apostasy and atheism in Iran attract serious penalties and the State is unwilling/unable to protect them across Iran; no viable internal flight alternative exists; therefore the claimants meet the refugee definition in s.96 IRPA.

Court Disposition

Claims allowed; claimants found to be refugees pursuant to Section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claims accepted; claimants found to be refugees pursuant to Section 96 of the Immigration and Refugee Protection Act.