Outcome: Judicial Review Allowed
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Introduction
The Federal Court reviewed the refusal of an Iranian woman’s
application for a pre-removal risk assessment (PRRA).
She feared persecution in Iran because of her conversion
from Islam to Christianity and submitted new evidence of her religious beliefs
and activities in Canada.
The Court overturned the refusal because the officer relied
too heavily on earlier credibility findings and failed to properly assess the
new evidence and the risks she could face upon return.
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Key Principle
Although a PRRA is not an appeal of a rejected refugee
claim, an officer must meaningfully assess new evidence and risks arising
since the refugee decision.
An earlier finding that an applicant’s religious conversion
was not genuine does not determine whether the applicant’s faith has since
become genuine.
Even where religious activities are considered self-serving,
the officer must still examine whether those activities could expose the
applicant to persecution upon return.
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Background
Ms. Hassankiadeh was a 59-year-old Iranian citizen who
claimed that she and her daughter had converted to Christianity in 2003.
She arrived in Canada in January 2011 and claimed refugee
protection later that year. Her claim was joined with her daughter’s.
In September 2012, the Refugee Protection Division (RPD)
rejected their claims, finding that they were not genuine Christian converts
and identifying credibility problems in her testimony.
Her first PRRA application was refused in 2014. Following a
settlement of judicial review proceedings, the application was reconsidered.
She submitted substantial new evidence, including affidavits
from clergy, letters, photographs, country-condition documents, and a medical
report.
The officer again refused the application, relying on the
RPD’s credibility findings and concluding that the evidence did not establish a
genuine conversion or a sufficient risk of persecution.
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Court Findings
The Federal Court found that the officer’s treatment of the
new religious evidence was unreasonable.
The officer dismissed affidavits from two pastors and a
reverend because they described church participation rather than her
motivations for becoming a Christian.
However, the officer had to assess whether her Christian
faith was genuine at the time of the PRRA, rather than relying solely on
findings made before the new evidence existed.
The Court gave particular attention to Pastor Tabiany’s
affidavit. The RPD had previously found him credible, and he had interacted
regularly with the applicant over several years.
Although his opinion was not binding, the officer could not
simply give it no weight on the basis that he was not trained to assess
credibility. His observations required careful consideration.
The Court also emphasized that a conversion or religious
activity after leaving one’s country may create a new basis for protection.
Even if the conversion were considered self-serving, the
consequences of returning the applicant to Iran still had to be assessed.
The country evidence before the Court documented
surveillance, harassment, detention, torture, and potentially the death penalty
for Christian converts in Iran.
The Court acknowledged that general country conditions alone
were insufficient; the applicant still had to establish a well-founded fear of
persecution or the required personal risk.
Nevertheless, it found the officer’s assessment of discovery
and harm unreasonable in light of evidence that Iranian authorities monitored
churches and their members.
The officer had not reasonably assessed the danger she could
face if identified as a Christian convert who had committed apostasy.
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Outcome
The Federal Court allowed the application for judicial
review and returned the matter to a different PRRA officer for a fresh
assessment. No serious question of general importance was certified.
Case Citation:
Hassankiadeh v. Canada (Citizenship and Immigration), 2015 FC 1284 CanLII
Prepared by:
Dr. Muhammad Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and Statistics Analyst
