2019 RLLR 88

2019 RLLR 88 Citation: 2019 RLLR 88 Tribunal: Refugee Protection Division Date of Decision: September 9, 2019 Panel: Khamissa Khamsi Counsel for the claimant(s): Tiffani Frederick Country: Jordan RPD Number: TB7-23982 ATIP Number: A-2020-01459 ATIP Pages: 000040-000042 DECISION [1] MEMBER: So [XXX] you claim to be a citizen of Jordan and you are claiming refugee protection pursuant to Section 96 and 97(1) of the Immigration and Refugee Protection Act (IRPA). So, I find that you are a Convention refugee and I accept your claim. I’m now going to explain to you the reason why I am accepting your claim. Congratulations first. [2] CLAIMANT: Thank you. [3] MEMBER: Given the issues that you have presented in your claim, I have considered the Chairperson’s Guidelines on the women refugee claimants fearing gender related persecution. The details of your claim, sorry are to be found in your Basis of Claim form but in short, you fear abuse at the hands of your ex­ husband’s relatives. And all also, at the hands of your relatives. To be more specific you divorced your first husband because of physical abuse and you forfeited the right of custody of your children. And after your husband, your first husband passed away, you refused to marry his younger brother. You married a second time and it also ended in a divorce here in Canada after you were physically abused. Therefore, you are also afraid that your parents would pressure you to go back to your first husband. [4] Now with regard to the identified issue. IDENTITY [5] I find that your identity as a national of Jordan has been established by your testimony and by the supporting documents filed, including a Jordanian passport bearing a Canadian visa. [6] With regards to credibility, I find you to be a very credible witness and I believe what you have alleged in your claim. You have explained your personal situation as well as the cultural norms in Jordan which have affected your situation. You have testified in a straight forward manner and I didn’t see any inconsistencies between your oral and written testimony. You have provided some supporting documents to corroborate your allegations in particular, your first husbands death certificate and your divorce certificate, as well as court and police documents, with regards to the abuse that happened here in Canada. [7] I find that you have a nexus to the convention definition as a woman fearing gender related persecution. In so far as you sustained physical and mental abuse at the hands of your first husband and your family member, due to membership in a particular social group as a victim of family violence. I find that your fear of persecution is both subjectively and objectively well-founded. I have looked at the information contained in the documentation package on the situation faced by women, such as yourself, in Jordan. As well as in the country conditions document package provided by your council. [8] I note that problems of domestic and family violence are the most outgoing human rights problems in Jordan. And all the reports, injury report, the most recent ones continue to note that violence against women and honour crimes continue to occur despite the government’s efforts to put an end to such acts. As I indicated previously, I believe that you have testified. I believe what you have about your experiences in Jordan and I believe that your first husband’s relatives may still harm you. [9] I also looked at state protection and I asked you questions in this regard. And the information that I have on the availability of protection for women such as yourself and the evidence is quite clear that adequate state protection at an operational level does not exist for you in Jordan from the harm that you fear. [10] The reports are consistent with your experience as you described it. And you testified that the state would not be able to protect you because your husband is from a very important tribe in Jordan. I also note that even in the most recent report, for example, for Amnesty International, they report that women remain subject to discrimination in law and in practice. And they are inadequately protected from sexual and other violence, including so called honour crimes. [11] I also looked at internal flight alternatives and I find that internal flight alternative does not, not exist for you in Jordan. And the evidence before me states that there is no area where a single woman can attempt to live outside the family home. [12] In conclusion, I find that you’re a Convention refugee and I accept your claim. [13] Congratulations. [14] COUNSEL: Great. Thank you, Madame Member. Thank you so much. [15] MEMBER: Your welcome. Madame Interpreter, thank you for a great interpretation as usual. ———- REASONS CONCLUDED ———-