An Iranian whose refugee declare was turned down in Canada as a result of he was convicted in England 16 years in the past of a critical assault that left one individual useless and one other two injured will get one other shot at arguing he ought to be allowed to remain right here as a result of his bisexuality, Kurdish ethnicity, conversion from Islam to Christianity and id as a Westerner would all put him in danger again house.
An immigration officer refused Sirus Lotfi’s final ditch plea to remain in Canada in March 2024, arguing he had not offered adequate proof to ascertain the idea for his safety declare.
“I respectfully disagree with this place,” Justice Angus Grant wrote in a latest Federal Courtroom resolution out of Toronto.
“On the core particulars associated to the applicant’s threat components, the affidavit (outlining these) was detailed and complete. This was significantly the case with respect to (Lotfi’s) sexual orientation. The affidavit contained many particulars, from the applicant’s first gay encounters, to subsequent relationships, to his time spent in Tehran, frequenting a park the place homosexual males would meet. Furthermore, the documentary proof earlier than the officer clearly raised issues with respect to the applicant’s security, assuming the danger components he raised in his affidavit had been true. This being the case, there was merely little doubt that the info set out within the applicant’s affidavit, if believed, would have justified granting the applying.”
The decide famous “the well-established precept that when a person in refugee safety proceedings swears to the reality of their testimony, that testimony is presumed to be true until there’s a legitimate motive to doubt its truthfulness.”
The immigration officer’s conclusion that Lotfi “had not established info that he had categorically and unambiguously sworn to be true” amounted to a “veiled credibility discovering,” Grant mentioned. In different phrases, the immigration officer questioned Lotfi’s honesty with out explicitly stating the Iranian’s credibility was doubtful.
The decide granted Lotfi’s software for a judicial overview.
“The matter is remitted to a distinct decision-maker for reconsideration,” Grant mentioned in his resolution dated June 18.
Lotfi “entered Canada in November 2022 on a fraudulently obtained passport and made a declare for refugee safety,” mentioned the choice.
“He didn’t have every other id paperwork with him on the time, so he was arrested and detained by the Canada Border Companies Company.”
Whereas Lotfi was in detention, Immigration, Refugees and Citizenship Canada “realized that in April 2009, the applicant was convicted in England with intent to do grievous bodily hurt,” it mentioned. “The Canadian equal of this offence is aggravated assault.”
Due to his conviction, for which he served half of a 10-year jail sentence, “Lotfi was referred for an admissibility listening to earlier than the Immigration Division of the Immigration and Refugee Board,” mentioned the choice.
It discovered Lotfi “was inadmissible to Canada on grounds of great criminality.”
That meant Lotfi turned ineligible for his refugee declare to be heard, so he utilized for a pre-removal threat evaluation — his final ditch plea to remain in Canada.
For that listening to, Lotfi submitted an in depth written argument alleging that he could be in danger in Iran on 4 distinct grounds. However the immigration officer listening to his case famous Lotfi’s lack of supporting proof to ascertain his declare for cover.
The court docket heard Lotfi “had primarily no relationship along with his mom in Iran, and moved to Germany as a younger adolescent, the place his father positioned him in a boarding college.”
Sooner or later his household “stopped paying tuition charges for this college, and he was subsequently positioned in a Christian orphanage the place he lived till he turned 18,” mentioned the choice.
“Over the course of those years, (Lotfi) grew disconnected along with his Islamic background and gravitated in the direction of Christianity. At one level whereas on the orphanage, he tattooed a cross on his shoulder.”
Lotfi “additionally defined how he explored his sexual orientation whereas within the orphanage, although this was not straightforward to do. At 20, the applicant realized that his father had dedicated suicide. This led to a interval of great drug dependancy, and in 2007 (he) was eliminated to Iran.”
Lotfi “had a troublesome time adjusting to life again in Iran,” mentioned the choice.
“Ultimately, he realized of a park the place homosexual males met to have intercourse. He started frequenting the park and having encounters with males, regardless of the plain risks that this posed. Ultimately, nevertheless, (he) determined to go away Iran and went to the UK.”
The following altercation in England “led to his felony conviction, which resulted within the demise of 1 particular person and the damage of two others,” mentioned the choice.
“He claims that he acted in self-defence, however opposite to the recommendation of his lawyer, he plead responsible and was sentenced to a ten-year sentence, of which he served 5 years. Whereas in jail, (Lotfi) acknowledged that he obtained psychological well being remedy for the primary time, that he disavowed medicine, and formally transformed to Christianity.”
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