Question
The Narrative of Biman Sikdar My name is Biman Sikdar. I was born on March 14, 1977 in Bangladesh. I fear persecution in my country
The Narrative of Biman Sikdar
My name is Biman Sikdar. I was born on March 14, 1977 in Bangladesh. I fear persecution in my country due to my membership in the Bangladesh Nationalist Party (BNP).
I was born and raised in Dhaka. My father was a businessman, a supporter of the BNP and was always politically active. When I attended university, it was natural for me to follow in my father's footsteps and so I too became active politically, joining the youth wing of the BNP. Due to my leadership skills, I soon was asked to take on a position of some responsibility. At first, I was the secretary for our group and then I became the president of the youth wing at our school. Through my position, I had much contact with party leadership and attended many national meetings and conventions.
This period was a dangerous time for me and other members of the BNP. We were constantly harassed and targeted by members of the Awami League. As I held a leadership position, I was specifically targeted by a man named Amal Gulmani. He was also a student, but was a member of the Awami League. He and his goons would harass and follow me. I tried to ignore it. However, in April 1997, after participating in a BNP rally at the university, I was cornered by his goons late one evening. They punched me and beat me and threatened me, saying that I needed to end my participation in the BNP.
When I returned home, my mother was very upset. My father was not surprised, as the political violence in our country was a severe problem. He had also been receiving threats at work for his own support of the BNP. Although he agreed in our cause, he suggested that I stop my activities at the university for a time. I agreed.
After completing my degree in Bangladesh, my father wanted me to go overseas to pursue my advanced degree. I agreed and spent two years in England studying. I returned to Bangladesh in 2000 and began to work with my father in my family's business, Mansi Exports. In 2002 I got married and started a family. These years were very busy for me as my family business had become very successful and was growing rapidly. I travelled frequently outside of Bangladesh to pursue business deals. During this time, I also maintained involvement with the BNP by attending meetings and making donations. I was asked to take on a leadership role, but I could not due to my family and work commitments. Nevertheless, my family, remained well known supporters of the BNP.
In 2012 I began to attend meetings more frequently and was more vocal in my support of the party by assisting at meetings. Then, as the political situation began to get worse in Bangladesh, I became involved in organizing rallies, protesting the upcoming general election of January 2014. My party boycotted the election out of concern of corruption and the lack of a caretaker government. I vocally supported this position and helped to organize rallies and protests.
For a while, I had no problems. Then, in November 2013, two men came to our business. We began to speak of politics, and I let my views be known before realizing that they were both ardent supporters of the Awami league. They expressed their dislike of my views and then left our business.
A few days later, three men approached me on the street. They pushed me against a wall and warned me that I shouldn't be supporting the BNP. They said that if I didn't want trouble, that I should stop my political activities. This scared me a bit, but these incidents were common in Bangladesh at this time and so I thought little of it. However, a few days later, I received a call on my phone. The caller said that I have caused problems for many years and that it was time that I stop my activities or I would be beaten like I had been before. I immediately knew that Gulmani was threatening me again.
I took some precautions, but I continued my activities with the BNP. However, on December 27, 2013 when walking home from a meeting I was attacked by three goons. They beat me badly, warned me to cease my activities immediately. They left me on the street and ran away when they heard people approaching. When I reached home, my wife assisted me to the medical clinic. I had many cuts and bruises and was treated for two broken ribs on the right side. It took weeks for my injuries to heal.
After, I attended meetings less frequently and no longer took on leadership rules.
However, my father and I believed in the BNP and continued to contribute financially. On October 25, 2015, my father confided in me that he had received several threatening calls at our office, demanding that we stop our support of the BNP. Several days later, I too answered one of these calls. I told the caller that we had the right to exercise our freedom. The caller said we would be sorry and hung up. On November 1, 2015, the storeroom of our business was broken into, vandalized and partially burned. We reported this to police, but we knew that in our country little is done in these situations.
My father knew that I had already suffered greatly. Therefore, he urged me to leave Bangladesh immediately. As I had already received a Canadian visa for business purposes, I left Bangladesh on January 23, 2016. I am now seeking Canada's protection as it would be unsafe for me to return as I know I will be killed by members of the Awami league.
Based on the narrative, which you should assume to be credible, determine whether your client meets the requirements for being found to be either a Convention refugee or a person in need of protection.
Consider each of the essential elements of those definitions, below.For each element, assess your client's claim and suggest next steps, as shown on the table below:
Element of the definition | Assessment | Next Steps |
Outside country of nationality or former habitual residence? | ||
Persecution? | ||
Subjective fear? | ||
Objectively well-founded? | ||
Nexus to a Convention ground? | ||
Presumption of state protection rebutted? | ||
Internal flight alternative? | ||
Section 97: Torture? | ||
Section 97: Cruel and unusual treatment or punishment? | ||
Section 97: Application of any exceptions? - Generalized risk - Lawful sanctions |
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