CAT/C/53/D/520/2012
of persecution for reasons of race, membership in a particular social group, and political
opinion. She also sought protection because she faced a risk to life or a risk of cruel and
unusual treatment or punishment. The State party notes that she expressly did not seek
protection because she faced a danger of torture as defined in article 1 of the Convention.
The State party submits that, according to the PIF “narrative”, the complainant decided to
ask for refugee protection on the basis of the information from her brother1. She also
mentioned, in support of her claim, that she and her grandchildren in Canada had become
attached to each other and asked to be allowed to stay in Canada “on a humanitarian basis”.
4.2
On 20 January 2011, the Refugee Protection Division (RPD) of the Immigration and
Refugee Board of Canada heard the complainant’s claim. She was represented by legal
counsel. She had the opportunity to explain any ambiguities or inconsistencies and respond
to any questions that the RPD might have had with regard to her claims. The RPD rendered
its decision on 24 January 2011, finding that the complainant was not a “Convention
refugee” and not a person in need of protection. In particular, the RPD accepted that the
complainant was an unsophisticated person with virtually no formal education, yet
concluded that that did not explain the various contradictions in her submissions. The State
party further provides several examples of discrepancies identified by the RPD. For
example, in her PIF the complainant stated that her husband was arrested on 8 June 2005
and that she was harassed by the police when she went to visit him, while in her oral
evidence before the RPD, she stated that her husband was arrested at work and that the
police then came to her house and arrested her. With regard to her arrest in 2006, in her
PIF, the complainant stated that she and her husband were arrested in 2006 after she had
rented a house to two students, while in her oral testimony to the RPD, she stated that about
two months after her arrest in 2005, she had travelled to the capital to be with her brother.
She stated that she had stayed with her brother until she came to Canada, and never saw her
husband again. The RPD noted that the complainant was represented by an experienced
lawyer at the time the PIF was filed, and that the lawyer would have been aware that the
evidence in the PIF, including the written narrative, would be treated as sworn evidence at
the hearing before the RPD. The State party notes that, in any case, the RPD finding that
the complainant was not credible was not necessarily determinative of her claim for
protection. The RPD found that there was nothing in the complainant’s evidence which
would provide a foundation for establishing that she faced a real and personal risk upon
return.
4.3
The State party further notes that the complainant made an application for a preremoval risk assessment (PRRA) on 30 September 2011. In her application, the
complainant repeated the same version of events as was contained in her PIF. Although the
complainant had testified before the RPD that there were significant mistakes in the PIF,
neither she nor her counsel sought to present the “correct” version of the facts in her PRRA
application. In her application, the complainant relied in part on two letters from persons in
Ethiopia which indicated that her husband had been arrested again on account of being in
the opposition,2 as well as on several reports by human rights organizations and media
articles detailing the ongoing political repression of opponents by the ruling party in
Ethiopia. The complainant argued that she was at risk of persecution, torture or risk to life,
or of cruel and unusual treatment or punishment by virtue of her perceived affiliation with
those in opposition to the Government, her husband’s political involvement, and the fact
that she belonged to the Oromo ethnic group.
1
2
4
See para. 2.4 above.
Ibid.