2019 RLLR 31

2019 RLLR 31

The panel accepted the claimants' credible testimony and documentary evidence showing that Christian converts in Iran are subject to arrest, detention and mistreatment by state agents; state protection and internal flight were found unavailable or unreasonable; therefore the claimants established a serious possibility of persecution on account of religion and are Convention refugees.

Citation
2019 RLLR 31
Parties
Principal Claimant: [XXX]; Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
21 November 2019
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Hearing and Oral Decision; Written Reasons Issued
Outcome
Claims allowed; claimants found to be Convention refugees
Legal Topics
Religion Based Persecution, Conversion (apostasy), State Protection, Internal Flight Alternative, Credibility Assessment, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law International Human Rights Law Administrative Law Religion Based Persecution Conversion (apostasy) State Protection Internal Flight Alternative +2 more

Case Brief

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Parties

[XXX]

Principal Claimant

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Hearing and Oral Decision; Written Reasons Issued

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Nexus to the Convention ground of religion
  3. 3 Credibility of the claimants' testimony and documentation

Ratio Decidendi

The panel accepted the claimants' credible testimony and documentary evidence showing that Christian converts in Iran are subject to arrest, detention and mistreatment by state agents; state protection and internal flight were found unavailable or unreasonable; therefore the claimants established a serious possibility of persecution on account of religion and are Convention refugees.

Court Disposition

Claims allowed; claimants found to be Convention refugees

Orders

  • Claims allowed; claimants granted refugee protection as Convention refugees under sections 96 and 97 of the Immigration and Refugee Protection Act