TB9-28520

TB9-28520

The claimant's identity and testimony are credible, he established nexus to his religion, he faces a serious possibility of serious harm from non‑state and societal actors in Egypt, adequate state protection is not available and there is no viable internal flight alternative; therefore he meets the s.96 IRPA Convention refugee definition and the claim is allowed.

Citation
TB9-28520
Parties
Claimant (asylum Seeker): XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 January 2020
Procedural Posture
Refugee Protection Claim (convention Refugee) / Expedited File‑review Determination Without a Hearing
Outcome
Claim allowed; claimant determined to be a Convention refugee pursuant to section 96 of the IRPA.
Legal Topics
Religion‑based Persecution, Convention Refugee Determination, State Protection, Internal Flight Alternative, Credibility Assessment, Country of Origin Information
Source Language
English
Immigration Law Refugee Law Human Rights Law Religion‑based Persecution Convention Refugee Determination State Protection Internal Flight Alternative Credibility Assessment +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX

Claimant (asylum Seeker)

Minister

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee) / Expedited File‑review Determination Without a Hearing

Legal Issues

  1. 1 Whether the claimant meets the definition of a Convention refugee under s.96 IRPA on the ground of religion
  2. 2 Whether the claimant's identity and testimony are credible
  3. 3 Whether there is a nexus between the claimant's persecution and his religion

Ratio Decidendi

The claimant's identity and testimony are credible, he established nexus to his religion, he faces a serious possibility of serious harm from non‑state and societal actors in Egypt, adequate state protection is not available and there is no viable internal flight alternative; therefore he meets the s.96 IRPA Convention refugee definition and the claim is allowed.

Court Disposition

Claim allowed; claimant determined to be a Convention refugee pursuant to section 96 of the IRPA.

Orders

  • Claim for refugee protection allowed; claimant granted Convention refugee status pursuant to s.96 IRPA.