2024 RLLR 6
Citation: 2024 RLLR 6
Tribunal: Refugee Protection Division
Date of Decision: August 13, 2024
Panel: Hoang-Mai Hong
Counsel for the Claimant(s): Pacifique Siryuyumusi
Country: Rwanda
RPD Number: TC3-15394
Associated RPD Number(s): N/A
ATIP Number: A-2024-01886
ATIP Pages: N/A
DECISION
MEMBER:
INTRODUCTION
[1] These are the reasons for the decision in the claim of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, who is a citizen of Rwanda who is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[2] You alleged that you fear persecution and risk to your life in Rwanda on the basis of your sexual orientation as a lesbian woman.
[3] I have considered your testimony and the other evidence in this case, and I am ready to render my decision orally.
[4] In coming to my decision, I have also considered the Chairperson Guideline 9, regarding sexual orientation, gender identity and expression, and sex characteristics. This guideline assists in assessing the key evidentiary elements in determining the harm individuals may face due to their sexual orientation.
[5] I find that you would face a serious possibility of persecution should you return to Rwanda, and therefore are a Convention refugee on the grounds of your membership in a particular social group, namely as a lesbian woman.
ALLEGATIONS
[6] The specifics of this case are stated in your Basis of Claim, BOC, form at Exhibit 2.
[7] In short, you alleged persecution and a risk to your life at the hands of your father and the Rwandan community in general due to your sexual orientation as a lesbian woman.
[8] You alleged that you were in a hidden relationship with another woman who is also currently your girlfriend, SB (ph), since XXXX 2021, that you kept hidden and that you were a close friend since 2019.
[9] You only told your mother and sister about your sexual orientation in Rwanda, and they also encouraged you to keep it to yourself for your safety.
[10] In August 2021, your father found out about your sexual orientation after accidentally seeing messages and photos in your phone from SB at breakfast, and he reacted violently and angrily and had pastors come to pray for you to take away your sexual attraction to other women.
[11] In February 2022, your mother sent you to live with your sister and advised you to prepare to leave Rwanda, as you already had a US travel visa that was issued in 2012, as you had previously visited family in the U.S.
[12] Your sister then saved money for a plane ticket for you, and you left Rwanda on XXXX XXXX XXXX 2022.
[13] You went to stay with your cousin in New York until XXXX XXXX, 2022, and then she drove you to the Canadian border and you made a claim for refugee protection on the same day.
[14] I find that the personal identity — your personal identity and national identity as a Rwandan has been established on a balance of probabilities by your testimony and documents, including your Rwandan passport found in Exhibit 1.
Credibility
[15] When a claimant swears to the truthfulness of certain allegations, this creates the presumption that those allegations are true unless there is a reason to doubt their truthfulness.
[16] I find you to be a credible witness. You testified in a spontaneous and straightforward manner, and there were no relevant inconsistencies between the testimony and the evidence that were not adequately explained.
[17] You testified with specific detail when describing how and when you first realized you had feelings for SB in 2019, as she was a close friend when you were in secondary school, and you described who she was and what you liked about her at the time.
[18] However, you felt that you were afraid to approach her with your feelings because you did not know where to start and because you feared rejection and were confused and unsure if you had romantic feelings for her, or if you were closer to her than other friends.
[19] You also testified about one (1) of your first crushes on another woman who was a family friend when you were 15 or 16, about who she was, your feelings of admiration for her, and how you knew you could not let her know about your feelings as you all went to the same church, you did not know her as well as you would like to, and her family was strict.
[20] You talked about your feelings about your sexual orientation as they developed over time, your view of circumstances for the queer community in Rwanda, and why you mostly kept your sexual orientation to yourself.
[21] You testified in detail about how you told your mother, your sister, your brother who came out — who also came out to you, and who was studying in Poland at the time and then later moved to the US after you came to Canada, and you also told two (2) trusted friends about your sexual orientation.
[22] You recounted all these individuals’ reactions, and you talked about how your father reacted to your sexual orientation violently and how you suspect the — that your neighbours became aware about your sexual orientation through people who worked for your home, who may have spread rumours about what happened in your home. The neighbour — these neighbours then became threatening and refused to allow you to approach their children.
[23] I find your testimony was detailed, consistent, and spoke to your lived experiences as a lesbian woman living and hiding her sexual orientation in Rwanda, and I find that on a balance probabilities the evidence you provided in your testimony aligned with your Basis of Claim narrative, and it supports your allegations that you are a lesbian woman.
[24] You also testified about your relationship in Rwanda with SB, with whom you were in a relationship with since 2021, and your relationship continues to this day, as she is now studying in Toronto while you work and live in the Ottawa area.
[25] You spoke spontaneously and with vivid detail about your partner, including her personality, talking about specific quirks you observed, like the way she laughs, how she enjoys driving, and is obsessed with the image of Marilyn Monroe.
[26] You talked about her background, her family, her interests, what you feel about her, what you liked about her, what you enjoyed doing together during the relationship and now in Canada, and you recounted a memory about a date with her in an Italian restaurant after you returned from visiting your sisters in the US in 2021, and how you felt like it was the first proper date you have been on, and got dressed up with her, and you recounted how — you recalled what you ate and how she reacted to a gift you gave to her from the US, and explained how you found this gift for her.
[27] I find that you testified with sufficient detail when describing your relationship, and you were able to testify about your partner and of the developments in your relationship with a level of detail corresponding to what can be reasonably expected in the context of your relationship as alleged, giving that — given that it was kept hidden in Rwanda, and that given that she is not ready to come out to her family now that she is in Canada.
[28] Overall, I find that you have established on a balance of probabilities that you were and are currently in a genuine relationship with a woman, and that your testimony on this relationship supports your allegations that you are a lesbian woman.
[29] Your allegations are also supported by personalized evidence found in Exhibit 5, including letters of support and identification from SB, your partner, your mother, and your brother.
[30] You provided photos of you and SB in Rwanda and Canada and testified about your memories around these photos and how they were taken and how you got them.
[31] You also submitted photos of yourself at Pride in Toronto this year, and you test about — testified about your experience, a friend that you made at the parade, and how you felt it was important for you to experience it by yourself, to become more open in Canada about your sexual orientation after what you experienced in Rwanda.
[32] I find that these documents you have submitted in your claim are consistent with your testimony and narrative, and I find that on a balance of probabilities they support your allegations that you are a lesbian woman.
[33] I also had concerns about your failure to claim in the US as you arrived there on XXXX XXXX, 2022, before coming to Canada on XXXX XXXX, 2022.
[34] You explained that although you have three (3) sisters living in the US, they cut off contact with you after your father found out about your sexual orientation and they are not supportive of your sexual orientation.
[35] You also stated you could not stay with your cousin in New York, as she was not able to support you as she had her own family. Your intention was to visit with her and then to proceed to Canada, where your uncle, who is your mother’s brother, was able to support you further and provide you with a place to stay until you got on your feet.
[36] As with the rest of your testimony, I find you to be credible as to your reasons for choosing to claim in Canada rather than the US.
[37] As such, I do not find that your failure to claim in the US outweighs your other credible allegations regarding your experiences in Rwanda, and your subjective fear of returning to that country.
[38] Given your credible testimony and personal evidence, I accept that you have a subjective fear of returning to Rwanda because of your sexual orientation.
[39] I find that you have established on a balance of probabilities all of the central aspects of your claim.
Objective Basis
[40] I also find that the objective evidence in the National Documentation Package, the NDP, for Rwanda, supports your allegations and that your claim is objectively well-founded.
[41] A Response to Information Requests on the treatment of LGBTQ+ individuals found in Item 6.2 of the NDP states that LGBTQ+ individuals in Rwanda face stigmatization and discrimination from all corners of Rwandan society, including their families, local communities, religious organizations, and state and local authorities.
[42] According to this report, LGBTQ+ Rwandans whose sexual orientation is discovered risk being fired from their (inaudible) from their homes, disowned by their families, or labelled as satanic by their families and communities, as well as risking physical assault by both Rwandan citizens and the police, and I found this also corresponded with your own experiences that you testified about today.
[43] A Belgian report on the treatment of gay and lesbian people in Rwanda, found at Item 6.1, details how despite that same-sex sexual conduct is not criminalized in Rwanda, it is nonetheless perceived as deviant in Rwandan society.
[44] The same report notes that police use existing morality laws in Rwanda and Rwandan criminal law to target anyone they know or suspect to be LGBTQ+.
[45] Finally, a Human Rights Watch report from September 2021 at Item 6.5 of the NDP confirms that state abuse of the LGBTQ+ community is ongoing.
[46] That report credibly documents recent cases of Rwandans being arbitrarily arrested and detained for their actual or perceived sexual orientation. During their detention, LGBTQ+ Rwandans were subjected to physical abuse, deprived of food and water, and kept in overcrowded, unsanitary, and even life-threatening conditions for days or even weeks at a time.
[47] All of this is consistent with your stated fear of persecution if you return to Rwanda, and if your sexual orientation were to be more widely known there.
[48] Considering the objective evidence, alongside your credible evidence as to your sexual orientation and past experiences and relationship, I find that you have a well-founded fear of persecution in Rwanda.
State Protection and Internal Flight Alternative
[49] There is a presumption that unless in complete breakdown, states are capable of protecting their citizens. However, I find that presumption
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[50] rebutted in this case as the agent of persecution is the state, its agents, and society at large because of how you would be treated by them as a lesbian woman.
[51] Accordingly, I find there is no state protection available to you.
[52] Similarly, as the Rwandan state is an agent of persecution in this case and has control over the entire country of Rwanda, and in addition, Rwandan society are also agents of persecution, I find on a balance of probabilities that you would face a serious possibility of persecution throughout Rwanda due to your sexual orientation as a lesbian woman, and therefore a viable internal flight alternative would not be available to you.
CONCLUSION
[53] I therefore find that you have established a serious possibility of persecution, and I conclude that you are a Convention refugee. I accept your claim.
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