2022 RLLR 87

The claimant was found credible and provided authentic corroborating evidence of conversion; objective country evidence shows converts face arrest, detention, mistreatment and potential capital punishment and the state is unwilling/unable to protect them; no viable internal flight alternative exists in Iran; accordingly the claimant meets the criteria of a refugee under section 96 IRPA.

Citation: 2022 RLLR 87
Parties: Claimant: XXXX XXXX; Decision Maker: Refugee Protection Division (Member Kim Bugby)
Court: Royal Canadian Mounted Police Labour Relations
Jurisdiction: Canada
Judgment Date: 25 July 2022
Procedural Posture: Refugee Protection Claim / Decision Rendered (oral Reasons)
Outcome: Claim accepted; claimant found to be a refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics: Religious Persecution, Conversion, Apostasy, Internal Flight Alternative, State Protection, Credibility Assessment
Source Language: English

Immigration Refugee Law Administrative Law Human Rights Religious Persecution Conversion Apostasy Internal Flight Alternative +2 more

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Parties

XXXX XXXX

Claimant

Refugee Protection Division (Member Kim Bugby)

Decision Maker

Procedural Posture

Refugee Protection Claim / Decision Rendered (oral Reasons)

Legal Issues

1 Whether claimant is a refugee under section 96 of the Immigration and Refugee Protection Act based on conversion to Christianity
2 Whether the claimant is credible and his evidence is authentic
3 Whether the state is an agent of persecution and will fail to protect the claimant

Ratio Decidendi

Court Disposition

Claim accepted; claimant found to be a refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

Claimant's refugee claim accepted