Findings of Fact

Material element 1: Ethnicity, religion, place of origin

• In light of the above, it is accepted that the RSA is an ethnic Rohingya who professes Islam and originates from Maung Ni Village, Maungdaw Township, Rakhine State.

• Taking into consideration the overall credibility of the RSA’s statements, it is accepted that the RSA is an ethnic Rohingya who professes Islam and originates from Maung Ni Village, Maungdaw Township, Rakhine State.

• The RSA is an ethnic Rohingya who professes Islam and originates from Maung Ni Village, Maungdaw Township, Rakhine State.

• Given the RSA's personalised and detailed account as well as positive credibility indicators, it is accepted as true and credible that he is a Rohingya man who originates from Maung Ni Village, Maungdaw Township, Rakhine State.

Material element 2: Clan membership

• Whilst it is accepted that the RSA belongs to the Hawiye can, his statement that his clan is a minority clan is not accepted as credible.

• It is considered established that the RSA belongs to the Hawiye clan however, based on COI reports issued by reliable sources and numerous articles in the international media which provide detailed information on the position of the Hawiye clan in Somalia, the Hawiye is a majority clan.

• The RSA belongs to the Hawiye clan.

• Given the RSA's personalised and detailed account as well as positive credibility indicators, it is accepted as true and credible that he belongs to the Hawiye clan. His claim that the Hawiye clan is a minority clan is not accepted as credible.

Material element 3: Nationality

• In light of the supporting documents submitted, there is no reason to doubt the RSA’s claim of being an Algerian national.

• As there is nothing to suggest otherwise, it is accepted as credible that the RSA is an Algerian national.

• Considering the discussion above, the RSA’s claim of being an Algerian national is accepted as true and credible.

• The RSA is an Algerian national.

Material element 4: Warrant of arrest by the Iranian authorities in December 1998 due to RSA's involvement with cosmic mysticism

• The RSA was issued with an arrest warrant by the Iranian authorities in December 1998 because of his involvement with the practice of cosmic mysticism. He managed to avoid being arrested until his departure from Iran in March 1999.

• The RSA's reasons for departure in which, he departed due to a warrant of arrest from the Iranian authorities in December 1998, following his involvement in cosmic mysticism, as well as his claim to have been able to avoid arrest until his departure in March 1999 is accepted as credible.

• It is accepted as true and credible that the RSA was issued with an arrest warrant by the Iranian authorities in 1998 because of his involvement with the practice of cosmic mysticism. Based on his consistent accounts supported with COI, his claim to have been able to avoid arrest until his departure from Iran is accepted as presented.

Material element 5: Encounter with the military

• It is accepted as true and credible that RSA encountered 3 Burmese soldiers in December 2010 and was asked to sign a document indicating her consent to convert to Buddhism. The RSA's on escaping from her village one week later as she heard news that the Burmese soldiers had inquired about her, is also accepted as credible.

• The RSA encountering 3 Burmese soldiers in December 2010 and being asked to sign a document indicating her consent to convert to Buddhism, is established as claimed. The RSA's escape from her village one week later as she heard news that the Burmese soldiers had inquired about her, is also established as claimed.

• The RSA’s claim on her encountering 3 Burmese soldiers in December 2010 and was asked to sign a document indicating her consent to convert to Buddhism is accepted as presented. There is also no reason to dispute her claim on escaping from her village 1 week later after hearing news that Burmese soldiers had inquired about her.

• In light of the above discussion, it is accepted that the RSA encountered 3 Burmese soldiers in December 2010 and was asked to sign a document indicating her consent to convert to Buddhism.

Material element 6: Kidnapped by religious extremists in 2019

• Given the RSA's detailed and personalised account, the RSA's claim of him being kidnapped by religious extremists in 2019 and taken to a unknown site where he was detained for 5 days, is accepted as claimed.

• The RSA's kidnapping by religious extremists in 2019 during which he was detained 5 days is established as claimed.

• In light of the above, the RSA's claim that he was kidnapped by religious extremists in 2019 is accepted as credible. His claim to have been detained and tortured for 5 days is also accepted as credible.

Material element 7: Kidnapping and detention by supporters of the Old People's Party (OPP) in 1955

• While there is ample COI detailing incidence of violence towards members of the YPP (Young People’s Party) by supporters of the OPP prior to the 1956 elections, no COI could be found on treatments such as kidnapping and detention. In the absence of any information on this point from the RSA or any other reliable source, UNHCR has no basis for findings of fact with regard to the kidnapping and detention in 1955 as claimed by the RSA.

• Therefore, based on the above discussion and COI, the RSA's claim to have been kidnapped and detained in 1955 by members of the OPP is not accepted as credible.

• As a result of the numerous negative credibility indicators, it is not accepted as true and credible that the RSA was kidnapped and detained by members of the OPP in 1955.