MB6-01083

RPD File No. / N° de dossier de la SPR : MB6-01083 MB6-01095 Client ID No. / No ID client : XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX Huis clos / Private Proceeding Reasons and Decision ? Motifs et décision Claimant(s) XXXX XXXX XXXXXXXXXXXX XXXX Demandeur(e)(s) d'asile Date(s) of hearing N/A Date(s) de l'audience Place of hearing Montreal, Quebec Lieu de l'audience Date of decision and reasons April 20, 2016 Date de la décision et des motifs Panel Paule Robitaille Tribunal Counsel for the claimant(s) Bhramba Kullur Conseil(s) du (de la/des) demandeur(e)(s) d'asile Designated representative XXXX XXXX Représentant(e) désigné(e) Counsel for the Minister N/A Conseil du (de la) ministre REASONS FOR DECISION [1] Mrs. XXXX XXXX and her son, XXXX XXXX, citizens of Syria, are asking for Canada's protection on the basis of sections 96 and 97(1) of the Immigration and Refugee Protection Act (IRPA). [2] Mrs. XXXX is the principal claimant and she is the designated representative of her son XXXX. ALLEGATIONS [3] The claimants, a mother and her 16-year-old son, are both Sunni Muslims. The principal claimant, Mrs. XXXX, was born in XXXX, but at an early age, she moved to Saudi Arabia, where her father worked. The principal claimant met her husband, XXXX XXXX, in Saudi Arabia. He is also a Syrian citizen and is still living in Saudi Arabia. XXXX XXXX was therefore born in Saudi Arabia. The claimants do not have a permanent status in Saudi Arabia, since the government of that country only gives temporary visas to people working in Saudi Arabia. Mrs. XXXX writes that her husband lost his job in 2015 and they have until XXXX 2016 to leave the country. No permanent residence or citizenship is issued to foreigners in Saudi Arabia. The exceptions are seldom. [4] The claimants allege they cannot go back to Syria. They would be persecuted by the government because of the political opinions the Syrian government imputes on XXXX XXXX, the husband and father of the claimants. When he was a young man, he XXXX XXXX XXXX XXXX XXXX XXXX. [5] Mr. XXXX never went back to Syria since 1981. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXthe Syrian government. The principal claimant explained that she XXXX XXXX XXXX XXXX XXXX XXXX XXXX, in 2002 and in 2010, when she visited Syria. She was asked question about her husband and was treated XXXX XXXX XXXX. The principal claimant alleges she did not go back to Syria since 2010. [6] The principal claimant claims that if she were to go back, the authorities would XXXX XXXX XXXX, but in the context of the civil war, she is very much afraid that she would be put in jail or tortured. The fact that she is a Sunni Muslim would make the matter worst, since the opposition is Sunni Muslim for the most part. Her son, who is 16 years old, could also be soon recruited into the army, something that could be fatal for the young man. DECISION [7] The tribunal finds that the claimants are "Convention refugees". ANALYSIS Expedited process [8] The tribunal issued this decision without conducting a hearing. Considering the situation in Syria, the specific allegations of the claimants, the documents supporting these allegations, and the profile of the claimants, we therefore initiated an accelerated process regarding these asylum applications1. Identity [9] The claimants' identity was established by means of certified copies of their Syrian passports. Credibility [10] The claimants' allegations are in accordance with the documentary evidence on Syria. The Syrian regime was and remains extremely repressive. Therefore, I found the allegations credible. Serious possibility of persecution A. The Syrian Civil War and the current situation for the people of Syria [11] Syria is faced with a violent civil war that has been destroying the country since the early spring of 2011. Syrian Civil War is an ongoing multisided armed conflict with international interventions. The unrest began within the context of the Arab Spring protests, with nationwide protests against President Bashar el-Assad's government, whose forces responded with violent crackdowns. The conflict gradually morphed from mass protests to an armed rebellion after months of military sieges. A United Nations report released in December 2012 stated that the conflict had "become overtly sectarian in nature", between Alawite-dominated government forces, militias, and other Shia groups fighting primarily against Sunni-dominated rebel groups; however, both opposition and government forces denied that. [12] Initially, the Syrian government relied mainly on its armed forces, but since 2014, local protection units made up of volunteers known as National Defence Force have come to play a larger role, gradually becoming the primary military force of the Syrian state. From the early stages, the Syrian government received technical, financial, military, and political support from Russia, Iran, and Iraq. In 2013, Iran-backed Hezbollah entered the war in support of the Syrian army. Due to foreign involvement, the conflict had been called a proxy war between the regional Sunni and Shia powers, most prominently as a proxy conflict between Saudi Arabia and Iran. In September 2015, Russia, Iraq, Iran, and Syria set up a joint operation room (information centre) in Baghdad to coordinate their activities in Syria. On 30 September 2015, Russia started its own air campaign on the side and at the request of the government of Syria. The resultant proxy war between the United States and Russia led some commentators to characterise the situation as "a proto-world war with nearly a dozen countries embroiled in two overlapping conflicts"2. [13] In July 2013, the Syrian government was said to be in control of approximately 30 to 40 percent of the country's territory and 60 percent of the Syrian population; in August 2015, the territory fully controlled by the Syrian army was reported to have shrunk to 29,797 km2, roughly 16 percent of the country, but still has the majority of the population due to internal migration. [14] The Russian involvement has helped turn the tide against the Islamic State and in favour of the Syrian government, but the outcome of this war is still very much unknown. [15] On 1st February 2016, a formal start of the United Nations-mediated Geneva-Syria peace talks was announced by the United Nations, with the fighting continuing unabated. The truce still holds in some parts of the country, although it is very fragile. [16] International organizations have accused the Syrian government, Islamic State of Iraq and the Levant (ISIL), al-Nosra, and other opposition forces of severe human rights violations, with multiple massacres occurring. The conflict caused a considerable displacement of population. The United Nations put out an estimate of 250,000 who had died in the war since 2011. According to the United Nations High Commissioner for Refugees (UNHCR), there would be close to five million Syrian refugees3. B. The particular situation of the claimants [17] The city of XXXX, where the principal claimant is from, XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. It is difficult, if not impossible, to imagine the principal claimant going back to her native city presently. [18] Individuals who were targeted by the regime before the war and their families, like the claimants', are even more targeted now. The fact the claimants are Sunni Muslims and the opposition is for the most part Sunni Muslim could contribute very much to make the claimants' situation even worst. It is reasonable to believe also that a Sunni family who lived in Saudi Arabia (an enemy of Syria) for years could also be viewed with suspicion. [19] As mentioned earlier, the documentary evidence indeed indicates that the Syrian army has been accused many times by the international community of perpetrating war crimes and crimes against humanity. The examples are numerous. There was of course the accusation following a United Nations investigation of having massacred civilians in the city of Ghouta in August 2013 with chemical weapons. But there is much more. The 2014 human rights report of the United States Department of State indicates the following: "There were widespread abuses and violations of persons whom the government arbitrarily and unlawfully killed, tortured, and detained. Government forces conducted systematic attacks against civilians in hospitals, residential areas, schools, and camps holding internally displaced persons (IDPs); these attacks included indiscriminate bombardment with improvised explosive devices commonly referred to as 'barrel bombs' (containing a combination of jet fuel and TNT, usually dropped by a helicopter). The regime continued the systematic and widespread use of torture and rape, including against children. It used the massacre of civilians, as well as their forced displacement and starvation, as military tactics. The government rigorously denied citizens the right to exercise civil liberties, such as freedom of speech and press, movement, peaceful assembly and association, and the right to a fair public trial. The government detained without access to fair trial tens of thousands of individuals associated with nongovernmental organizations (NGOs), human rights activists, journalists, humanitarian aid providers, religious figures, and physicians."4 [20] Therefore, we conclude that there would be a serious possibility of persecution for the claimants considering the situation of the family, because of Mr. XXXX's XXXX XXXX XXXX before the war, and because of the fact the family is Sunni Muslim having lived for a XXXX XXXX time in Saudi Arabia. Serious possibility of being drafted in the Syrian army for the young claimant [21] Despite the fact the young claimant has not resided in Syria, the National Documentation Package confirms that as a Syrian citizen, when he turns 18 years of age, he will be conscripted. Military service is compulsory in Syria from the age of 18 years old: "The Syrian Constitution declares that '[c]compulsory military service shall be a sacred duty and is regulated by a law' (Syria 2012, Art. 46). Sources indicate that military service is mandatory for all Syrian males (7 Days 8 Feb. 2014; US 20 June 2014; AP 6 June 2012) over the age of 18 (ibid.; US 20 June 2014)"5. [22] The fact that the government is now fighting a civil war makes so that since 2011, no one has been discharged from military service in the Syrian army after termination of the period of service6. There is a serious possibility that the situation will not be different in two years. [23] The principal claimant and the young claimant do not want him to be recruited by the military in Syria. Firstly, they are against the present regime. Secondly, they are of the opinion that this government is responsible for war crimes and crimes against humanity and the young man does not want to be part of it. The documentary evidence, as quoted above, shows that the Syrian army committed crimes against humanity and war crimes. [24] The Federal Court mentions that in this specific situation where the Syrian army is committing war crimes and crimes against humanity, the claimant does not have to establish he is a "conscientious objector". In this context, his objection of not serving in his country's army is reasonable and valid7. [25] Moreover, the consequences for a draft evader in Syria are dire. The documentary evidence indicates the following: "[...] it [is] quite difficult or impossible for a draft evader to stay in a government controlled area as he risks being arrested by the Syrian authorities [...] The sources mentioned a number of possible consequences if an evader is caught by the authorities: immediate conscription upon arrest; deployment to the frontline, investigation and torture, and/or imprisonment. Which one or a combination of these consequences the person may risk being subjected to, may depend on the profile of the person, his connections and the area. If the authorities suspect the person to be in connection and cooperate with the opposition groups, the person would be subjected to investigation and ill treatment including torture. Nadim Houry (HRW) mentioned that while an Alawite from the coastal area might just get a 'slap on the wrist', a working class Sunni from an area known to be supportive of the opposition might be investigated and be subjected to ill treatment, accused of having supported the opposition."8 [26] In light of the repressive nature of the Syrian regime as described earlier, I can easily conclude that the claimants have a reasonable fear of persecution if they were to go back to Syria. State Protection [27] The persecutor being the Syrian government and considering that the army, the police, and the courts are not independent from that government characterised as a very brutal dictatorship9, there is clear and convincing evidence that the claimants could not obtain adequate protection in their country. Internal Flight Alternative [28] The persecutor being the state, the claimants could be arrested everywhere on the territory controlled by the government. [29] Hence, would the claimants find security in regions controlled by the opposition? In light of the present context in Syria, I am of the opinion that it would not be a reasonable option. As explained earlier, the regions of Syria that are not controlled by the government of Bashar el-Assad are under the power of religious extremist groups. The claimants do not share the same religious views and could be punished. Extremists too are accused of crimes against humanity and forced recruitment, as explained above. [30] It is reasonable to believe that at the age of 18, the young claimant could be forced to join one of these groups. If he refuses or do not submit to their interpretation of Islam, he could be tortured. The documentary evidence describes the violence and the sadistic behaviour of those extremist fighters when faced with "infidels" or individuals who are not submitting to their dicta. CONCLUSION [31] Having considered all the evidence, I conclude that the claimants have satisfied their burden of establishing a serious possibility of persecution because of their imputed political opinion and their religion. [32] I conclude that Mrs. XXXX XXXX and her son, XXXX XXXX, are "Convention refugees". Therefore, I accept their claims. Paule Robitaille Paule Robitaille April 20, 2016 Date /jcbo 1 See paragraph 170(f) of the IRPA and the New Policy on the Expedited Processing of Refugee Claims by the Refugee Protection Division. 2 A summary of different reports included in chapter 2 of the National Documentation Package on Syria, 23 December 2015. 3 See exhibit A-1, recent UNHCR statistics on Syrian refugees. 4 See National Documentation Package on Syria, 23 December 2015, tab 2.1: United States, Department of State, 25 June 2015, Syria. Country Reports on Human Rights Practices for 2014, section 1. 5 See National Documentation Package on Syria, 23 December 2015, tab 8.1: SYR104921.E, 13 August 2014; Compulsory military service, including age of recruitment, length of service; occasions where proof of military service status is required; whether the government can recall individuals who have already completed their compulsory military service; penalties for evasion (2008-July 2014). 6 See National Documentation Package on Syria, 23 December 2015, tab 8.3: Denmark, Danish Immigration Service, September 2015, Syria: Update on Military Service, Mandatory Self-Defence Duty and Recruitment to the YPG. 7 Zolfagharkhani v. Canada (Minister of Employment and Immigration) [1993], 3 F.C. 540; (1993), 20 Imm. L.R. (2d) 1 (C.A.). 8 Supra note 6. 9 The different human rights reports included in chapter 2 of the National Documentation Package on Syria, 23 December 2015. In particular tab 2.1: United States, Department of State, 25 June 2015, Syria. Country Reports on Human Rights Practices for 2014. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 8 Immigration and Refugee Board of Canada Refugee Protection Division Commission de l'immigration et du statut de réfugié du Canada Section de la protection des réfugiés RPD.29.01 (15 décembre 2012) RPD File No. / N° de dossier de la SPR : MB6-01083 MB6-01095