1502215 (Refugee)

The applicant, a Jehovah's Witness, sought review of a decision by the Refugee Tribunal. The applicant claimed that he would face serious harm if returned to Jordan due to his religious beliefs and practices. He asserted that in Jordan, he could not practice his faith freely, attend congregational meetings, or fellowship openly, rendering his faith inoperable. He also claimed that openly practicing his faith would expose him to harm from Jordanian Muslims and the government, and that he lacked civil rights such as marriage, burial, and inheritance according to his faith's rules.

The primary legal issue before the court was whether the Refugee Tribunal had erred in its assessment of the applicant's claims regarding the risk of harm he would face upon return to Jordan. Specifically, the court needed to determine if the Tribunal had adequately considered the applicant's evidence concerning the restrictions on his religious activities, the potential for persecution by both individuals and the state, and the consequences of engaging in evangelism. The court was required to assess whether the Tribunal's findings were supported by the evidence presented and whether it had applied the correct legal principles in determining the applicant's claims for protection.

The court considered the applicant's evidence that he faced harm for preaching from house to house, attending Christian gatherings, and distributing religious publications. The applicant stated that he and other Jehovah's Witnesses had been threatened, interrogated, and sometimes bashed for these activities. He also provided evidence of discrimination in education and familial rejection due to his faith. The Tribunal's decision was based on its assessment of this evidence, including the applicant's explanation of how they identified Christian homes and the potential for mistakes in their evangelising efforts. The court's reasoning would have involved scrutinising the Tribunal's evaluation of the credibility of the applicant's testimony and the weight given to the various incidents described.