Title: Refugee Protection in Canada: For Iranian Christian Convert Claimants
Author: Prof. Charles Mwewa
Reviewer: Stephen Misori
Buy it here: https://www.amazon.com/dp/1988251206
In “Refugee Protection in Canada”, Prof. Charles Mwewa, an author of over 100 books, and still counting, provides an essential guide for individuals seeking refugee status in Canada, particularly those fleeing religious persecution from countries like Iran.
This book delves deeply into Canada’s Refugee Determination System (RDS) and unpacks the processes involved for those fearing persecution based on religion, though the principles discussed can apply to political, gender, or other forms of persecution.
Prof. Mwewa draws heavily from Canada’s legal framework, explaining the role of key institutions such as the Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), and the Immigration and Refugee Board (IRB).
He outlines the process of refugee claims and the obligations Canada has taken on as a signatory to the United Nations Refugee Convention, specifically highlighting the concept of “Non-Refoulement”—the principle that prevents the deportation of refugees to countries where they may face harm.
He covers the statutory framework governing refugees in Canada, including the Immigration and Refugee Protection Act (IRPA) and various regulations that uphold refugee rights.
Mwewa’s expertise as a legal representative for numerous Iranian refugee claimants shines through as he offers practical insights, legal strategies, and real-life case examples. With a 99% success rate in refugee cases, his advice is grounded in extensive experience.
In Chapter 1, Prof. Mwewa demystifies the complex process of seeking asylum in Canada by breaking down critical concepts such as Convention Refugees and Persons in Need of Protection.
He provides clarity on the steps required to make a refugee claim, including the role of the Canadian Border Services Agency (CBSA) at the point of entry, the in-land reporting process, and the refugee hearing procedures overseen by the Refugee Protection Division (RPD).
The book explains the nuances of the Balance of Probabilities standard, which determines whether a claimant is more likely than not to face persecution if returned to their country.
Mwewa also highlights the importance of procedural fairness, offering detailed guidance on document submission, including the Basis of Claim form, and outlining the key entitlements available to claimants, such as work permits and health coverage.
In Chapter 2, he writes about an in-depth guide to understanding the refugee claim process in Canada. He emphasises the critical role of the Basis of Claim (BOC) in determining the success of a refugee case.
Prof. Mwewa explains how the BOC serves as the cornerstone of the claim, detailing the claimant’s personal story, background, and the alleged persecution that led them to seek asylum.
Once submitted, the BOC becomes a key record in Canada’s immigration system and cannot be easily altered without risking accusations of misrepresentation.
The story captures the importance of credibility in refugee hearings, providing a breakdown of how trust, reliability, logic, and sincerity are evaluated by the Immigration and Refugee Board (IRB). Mwewa writes that credibility is paramount and often the deciding factor in whether a claim is successful.
He guides claimants on how to present themselves—advising them on everything from their demeanour and dress to how they answer questions during the hearing.
Prof. Mwewa discusses various legal precedents and principles related to refugee protection in Canada, focusing on the implications of delayed refugee claims, especially in cases where the claimant had the opportunity to seek asylum in other countries prior to arriving in Canada.
The cases reflect how courts assess the claimant’s subjective fear of persecution, with attention to factors like age, transit through third countries, lack of awareness, subjective fear, and delays in making claims.
In Chapter 4 and 5, the book focuses on legal precedents and the assessment of subjective fear in refugee claims in Canada. Key insights include the notion that credibility is central in evaluating a claimant’s subjective fear, and courts have often weighed a claimant’s delay in seeking protection as an important factor in determining the legitimacy of such fear.
Prof. Mwewa critiques the RPD’s tendency to dismiss claims based on perceived delays in fleeing persecution, a practice he argues ignores the progressive nature of many threats.
He references landmark cases like Ibrahimov, which highlighted the unreasonable rejection of claims where individuals faced cumulative persecution.
Chapter 6 also discusses the concept of “re-availment,” where claimants return to their home countries, and how courts often misinterpret such actions as an absence of fear.
Mwewa warns against drawing premature conclusions based solely on a return trip, emphasizing that motives—such as family emergencies—should be considered.
One of the book’s strengths lies in its clear explanation of refugee sur place claims, where individuals develop a fear of persecution after leaving their country. He stresses that courts should assess these claims holistically, recognizing the risk of persecution even if the claimant’s actions abroad may seem opportunistic.
In chapter 7, Mwewa discusses the legal principles related to State Protection in Canadian refugee law, particularly the burden on a refugee claimant to demonstrate that their home state is unwilling or unable to provide adequate protection from persecution.
He addresses standard of proof, rebutting the presumption of state protection, assessment of state protection, contextual analysis, and evidentiary factors.
Mwewa writes that refugee claimants must demonstrate with clear evidence that their home state cannot or will not protect them, and Canadian courts have established nuanced criteria for assessing the adequacy of state protection.
In his comprehensive examination of religious freedom in Iran, Mwewa sheds light on the perilous situation faced by Christian converts in the country. His detailed account, underscored by numerous reports and firsthand testimonies, reveals a regime that views conversion to Christianity not merely as a spiritual journey but as a potential political threat.
Mwewa notes that authorities often categorise activities related to conversion as national security matters, subjecting individuals to harassment, imprisonment, and even violence.
One poignant example he presents is the 2018 case of twelve members from a house church in Bushedr, who were arrested and sentenced to prison for charges framed as “propaganda against the system.”
This alarming pattern of repression continues, with incidents of raids on Christian gatherings and the silencing of religious expression becoming increasingly common. Mwewa emphasises that for many converts, the act of professing their faith can lead to severe consequences, including threats to their families and economic hardship, as highlighted by Elam Ministries in their reports.
Mwewa underscores the government’s surveillance of religious practices, where even private worship can attract unwanted attention. He reveals the harsh reality for many converts who, upon returning to Iran after time abroad, face scrutiny and potential coercion to renounce their newfound beliefs.
His analysis suggests that while maintaining a low profile may offer some protection, the pervasive atmosphere of fear can lead to tragic outcomes, including familial rejection and honour-based violence.
Prof Mwewa writes about the plight of Christians in Iran has escalated alarmingly, characterised by severe restrictions and persecution. Despite a constitutional guarantee of religious freedom, Christians—along with Zoroastrians and Jews—are effectively barred from publicly practicing their faith.
House churches are frequently raided, with worshippers and pastors detained under the guise of national security. This has led to a staggering number of arrests, with authorities apprehending up to 100 Christians in a single week, particularly targeting those who have converted from Islam.
He notes that while the Iranian government claims to uphold the rights of religious minorities, in practice, Christians face harassment, intimidation, and imprisonment. Conversion to Christianity is considered apostasy, punishable by harsh penalties, including potential death.
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Although this charge is rarely codified in law, authorities utilise religiously motivated accusations—such as “insulting Islam”—to suppress dissent and control religious expression.
The intelligence services monitor and interrogate converts, often subjecting them to severe mistreatment. Church leaders are pressured to flee the country, while those who remain face increasingly long prison sentences for supposed crimes against national security.
The Iranian regime’s growing hostility towards religious pluralism underscores its deep-seated fear of dissent. Ultimately, the struggle for religious freedom in Iran remains fraught with peril, as Christians continue to navigate a landscape marked by repression and fear.
