2022 RLLR 70

2022 RLLR 70

On the balance of probabilities the claimants proved conversion to Christianity, provided consistent corroborative evidence and credible testimony, objective country documentation establishes systemic persecution of converts throughout Iran, state protection is unavailable and no internal flight alternative exists; therefore they face a serious possibility of persecution and are Convention refugees under s.96 IRPA.

Citation
2022 RLLR 70
Parties
Principal Claimant: XXXX XXXX; Associate Claimant (spouse): XXXX XXXX; Minor Claimant (child): XXXX XXXX; Associate Claimant (sister / Aunt): XXXX XXXX; Associate Claimant (brother in Law): XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
13 June 2022
Procedural Posture
Convention Refugee Claim (refugee Protection Division) / Decision (reasons for Decision)
Outcome
Claims allowed; principal, associate adult claimants and minor claimant found to be Convention refugees pursuant to Section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Conversion (apostasy), State Protection Rebuttal, Internal Flight Alternative, Credibility Assessment, Derivative/ Family Based Refugee Status
Source Language
English
Immigration Law Refugee Law Human Rights Religious Freedom Conversion (apostasy) State Protection Rebuttal Internal Flight Alternative Credibility Assessment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant (spouse)

XXXX XXXX

Minor Claimant (child)

XXXX XXXX

Associate Claimant (sister / Aunt)

XXXX XXXX

Associate Claimant (brother in Law)

Procedural Posture

Convention Refugee Claim (refugee Protection Division) / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether claimants face a serious possibility of persecution because of conversion from Islam to Christianity
  2. 2 Whether claimants' subjective fear is objectively well-founded
  3. 3 Whether state protection is available or has been rebutted

Ratio Decidendi

On the balance of probabilities the claimants proved conversion to Christianity, provided consistent corroborative evidence and credible testimony, objective country documentation establishes systemic persecution of converts throughout Iran, state protection is unavailable and no internal flight alternative exists; therefore they face a serious possibility of persecution and are Convention refugees under s.96 IRPA.

Court Disposition

Claims allowed; principal, associate adult claimants and minor claimant found to be Convention refugees pursuant to Section 96 of the Immigration and Refugee Protection Act.

Orders

  • Decision: Claims accepted; principal and associate adult claimants found to be Convention refugees pursuant to s.96 IRPA.
  • Minor claimant recognized as a Convention refugee as a family member of claimants found to be Convention refugees.