TB3-05675

TB3-05675

Claimant's identity as a Sudanese Coptic Christian and her account of being accused by security forces of proselytizing are credible and corroborated by documentary country evidence (USCIRF and US DOS reports) showing that those accused of evangelizing in Sudan face harassment, arrest and torture; because the state is the likely perpetrator and the claimant has been specifically accused, there is a serious possibility of persecution throughout Sudan and no internal flight alternative, therefore she meets the definition of a Convention refugee under ss.96 and 97(1) IRPA.

Citation
TB3-05675
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 October 2013
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Hearing With Immediate Decision (decision Pronounced at Hearing)
Outcome
Claimant found to be a Convention refugee and granted refugee protection
Legal Topics
Convention Refugee, Persecution on Grounds of Religion, Credibility Findings, Internal Flight Alternative, Proselytizing Restrictions
Source Language
English
Immigration Law Refugee Law Human Rights Law Religious Freedom Convention Refugee Persecution on Grounds of Religion Credibility Findings Internal Flight Alternative +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Hearing With Immediate Decision (decision Pronounced at Hearing)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under ss.96 and 97(1) of the IRPA
  2. 2 Whether the claimant faces a well-founded fear of persecution on account of her religion (Coptic Christian)
  3. 3 Whether the claimant's testimony is credible

Ratio Decidendi

Claimant's identity as a Sudanese Coptic Christian and her account of being accused by security forces of proselytizing are credible and corroborated by documentary country evidence (USCIRF and US DOS reports) showing that those accused of evangelizing in Sudan face harassment, arrest and torture; because the state is the likely perpetrator and the claimant has been specifically accused, there is a serious possibility of persecution throughout Sudan and no internal flight alternative, therefore she meets the definition of a Convention refugee under ss.96 and 97(1) IRPA.

Court Disposition

Claimant found to be a Convention refugee and granted refugee protection

Orders

  • Claim allowed; claimant recognized as a Convention refugee pursuant to ss.96 and 97(1) IRPA