2024 RLLR 14

Citation: 2024 RLLR 14
Tribunal: Refugee Protection Division
Date of Decision: January 12, 2024
Panel: Ayoni Shaibu
Counsel for the Claimant(s): Amro Hayek
Country: Jordan
RPD Number: TC3-02465
Associated RPD Number(s): N/A
ATIP Number: A-2024-01886
ATIP Pages: N/A

DECISION

[1]                   MEMBER:  All right, so this is the hearing in the claim, sorry, this is the decision in the claim for refugee protection made by XXXX XXXX XXXX XXXX XXXX XXXX.  You allege you’re a citizen of Jordan and you’re claiming refugee protection pursuant to section 96 and 97(1) of the Immigration and Refugee Protection Act.  I’ve considered and applied the Chairperson’s Guideline 9 which relates to proceeding before the Board involving sexual orientation, gender identity and expression as well as sex characteristics in the hearing and determination of this claim.

[2]                   I’ve also considered your testimony and the other evidence in the case and I’m ready to render my decision orally.  The written decision will come to you in the mail.

ALLEGATIONS

[3]                   The full details of your allegations are set out in your Basis of Claim form found at Exhibit 2 and 2.1 and in summary you allege fear of harm in Jordan from your relatives and the Jordanian society due to your sexual orientation as a bisexual gay man.

[4]                   You allege that you’ve had, that you previously have been married and that you also had gay relationships with men, that you preferred relationships with men, sexual relationships with men as opposed to women.  You allege that you were in a gay relationship until your departure from Jordan and that in April of 2022 your gay relationship was discovered, you were discovered in – having sexual relations while at your restaurant and this caused you to leave Jordan, sorry, to leave your home to Amman to hide for a while.

[5]                   You allege that you also visited the UK following this incident and that you returned to Jordan to enable you (inaudible) to leave Jordan permanently.  You allege that you could not remain in Jordan because there were threats to your life by your relatives and you fear returning to Jordan for these reasons. 

[6]                   The full details of your allegations like I mentioned are contained in your Basis of Claim form as updated found at Exhibit 2 and 2.1.

DETERMINATION

[7]                   For the reasons that follow I find you are a Convention refugee pursuant to section 96 of the Act as there is a serious possibility of persecution should you return to Jordan on account of your sexual orientation as a bisexual gay man.

ANALYSIS

Identity

[8]                   I find your identity as a citizen of Jordan is established on a balance of probabilities by your oral testimony and your seized Jordanian passport found at Exhibit 1. 

Nexus

[9]                   I find there’s a link between your alleged fear of harm and at least one of the Convention grounds, in this case your membership in a particular social group as a gay, bisexual gay man and I have therefore assessed your claim pursuant to section 96 of the Act. 

Credibility and Subjective Fear

[10]                   Pursuant to the Maldonado principle (inaudible) claims when a claimant swears to the truth of the allegations this creates a presumption that those allegations are true unless there’s reason to doubt their truthfulness.  Just one moment.  Overall I find you to be a credible witness and I believe what you’ve alleged in your oral testimony and your Basis of Claim form as updated.  I note your testimony was a bit of a struggle at the beginning but in the end you were able to respond to questions put to you in a spontaneous manner and you were also forthright in your responses, you were able to speak to the relationships, gay relationships that you had in Jordan, in particular the relationship that you had with XXXX (ph) (inaudible) you didn’t mention his name in your narrative, you were able to describe him consistent with your narrative and the incident which you called (sic) in April of 2022 which informed your decision to leave the country, to take flight to Amman and eventually to leave the country.

[11]                   You also testified about your marriage which it ended up in a divorce.  You were able to speak to the problems that you had.  You said the marriage was a marriage of convenience because you did not want your sexual orientation to be detected.  You also testified that the relationship with your wife eventually broke down because she was beginning to suspect your relationship with – your gay relationship with XXXX (ph).

[12]                   You were able to describe how you spent time with XXXX (ph) and I had concerns that you did not follow up with (inaudible) after the incident of April 2022 but you testified that this was for safety considerations and it was mutual on both sides.  You testified that you were certain that XXXX (ph) may have returned to his country.

[13]                   You testified that your cousins became aware, your cousins and your uncle became aware of your sexual orientation because of the incident on April 2022.  You testified that your brothers also became aware as a result of through your cousins and your uncle and that they cut (inaudible) their ties with you as a result.  You testified that your mother is not aware of your sexual orientation and – just one moment.  And that you continue to maintain contact with her. 

[14]                   You were able to speak to the nature of the threats that you received from your cousins and you said it was just one call that you received and that beyond that threat you know that you would not be able to freely and safely express your sexual orientation if you were to return in Jordan. 

[15]                   I have concerns that you went to the UK and after the incident of April 2022 while you were in Amman and that you returned to Jordan without making a claim in the UK.  You testified that the reason why you went to the UK was to try to cool off from the tension that was in Jordan at the time.  You also wanted to meet people in the LGBTQ community in the UK and to see if it was possible for you to (inaudible) into the UK.  You testified that while you were in the UK you realized that your – the better option was to come to Canada and it was for this reason that you returned to Jordan only for you to take flight from Jordan to Canada. 

[16]                   I note that you left Jordan – one moment.  You arrived in Canada in XXXX of 2022 and that you were in Amman from XXXX 2022 until XXXX and during that period was when you were in the UK.  I also note that you did not make a claim in Germany either at the time in 2021 when you visited.  You testified that you didn’t make a claim because at the time your sexual orientation was not known to the community in Jordan.  (inaudible) that whether your subjective fear or credibility is undermined by your visit to Germany in 2021 and your failure to claim there or your visit to UK in 2022 after your – the discovery of your sexual orientation and your return to Jordan, whether this undermines your subjective fear or credibility.

[17]                   I find given that your testimony as with respect to your core allegation of being a sexual minority has been credible, that these do not significantly on their own undermine the credibility of your core allegations.  It does undermine your subjective fear but not significantly as to outweigh your testimony about your sexual orientation and your experiences in Jordan and as such I do not draw a negative inference.

[18]                   To support your allegations you provided documents which are found at Exhibit 5 specifically.  You were able to provide your passport and copy of your passport (inaudible) document which confirm that you were previously married and there’s a divorce certificate which shows that the divorce is – the marriage has broken down as of XXXX 2023.  There’s also employment confirmation (inaudible) to show that you worked in a production department of a company for the period while you were in your relationship with XXXX (ph) (inaudible) your former spouse.  A letter from XXXX confirming that you participated in their settlement (inaudible) intake and newcomer orientation program and that you (inaudible) as a member of the LGBTQ community.  There are pictures of you participating in Pride events, in gay clubs.  These only speak to your interest but not so much to your sexual orientation. 

[19]                   I find the other documents which have referred to and your oral testimony when considered together sufficiently establish your profile as a bisexual gay men as you have testified in oral testimony.  I accept your profile on the balance of probability has been established and I find your subjective fear is also established. 

[20]                   I’ve considered the objective evidence which is found at Exhibit 3, objective evidence for Jordan, the National Documentation Package.  I find it does support your fear of return to Jordan.  In this respect I’ve considered item 2.1 and 2.3 which indicates that consensual same sex sexual conduct among adults is not explicitly criminalized but instead under the penal code big immorality positions are used to target sexual gender minorities in Jordan.

[21]                   The objective evidence which I’ve just (inaudible) also indicates that the authorities arrest members of the LGBTQI+ habitually on the pretext (sic) of violating public order or public decency (inaudible). 

[22]                   Item 2.1 and 6.1 also reports that violence against LGBTQ+I (sic) persons that they are secretly targeted for abuse and violence including rape with little legal recourse against perpetrators.  Persons, sexual minorities who sought the help of the police were harassed, detained or even returned by police to dangerous family situations of abuse and death threats.  It also reports that LGBTQ+I (sic) persons (inaudible) from tribal (inaudible) or crimes from family members and that there were no legal protections for victims of these forms of abuse.  As a result many LGBTQ+ persons fear for their life or they fear of abuse from harms of their family members or the authorities.

[23]                   The objective evidence also indicates that these kind of treatments includes even for adult children besides younger persons and there is no little to no official action to investigate or (inaudible) to punish those that were complicit in violence against sexual minorities by state and nonstate actors.  The objective evidence which I’ve just (inaudible) in 2.1 and 6.1 also indicates that there is discrimination against members of the LGBTQ+I (sic) communities in Jordan and that it did not – does not prohibit discrimination.  As such they face discrimination in housing and employment and education and access to public services.  Some also have been fired from their jobs and have been denied professional opportunities because of their sexual orientation.

[24]                   The same objective evidence indicates that there were few shelters that accepted cases by LGBTQI+ persons and that the (inaudible) and NGOs have said the community lacks sufficient funding and services.  They are also not free to associate or express their sexual orientation to assemble peacefully in Jordan and they are confined – they are – they lack safe spaces and they report being targeted by the police upon leaving any of the few associated organizations within the community.

[25]                   I find based on the objective evidence and your personal experience that your subjective fear has an objective basis and is well founded.

State Protection

[26]                   The objective evidence which I referred earlier, item 2.1 and 6.1 as well as item 2.3 all indicate that there is no law prohibiting discrimination based on sexual orientation in Jordan and that (inaudible) crimes are prevalent with inadequate protection from the authorities.  I find based on the objective evidence that adequate state protection would not be reasonably forthcoming to you on the basis of your sexual orientation if you were to return to Jordan.  I find that presumption of adequate protection has therefore been rebutted bearing in mind that the (inaudible) persecution here includes state and nonstate actors.

Internal Flight Alternative

[27]                   I’ve also considered whether an Internal Flight Alternative exists for you in Jordan and I find this is not the case given the state of the objective evidence as well as your personal experience both having moved to Amman where you were not equally also able to freely and safely express your sexual orientation.  I find that you do not have a viable Internal Flight Alternative in Jordan and that if you were to return there you would have to continue to hide your sexual orientation.

[28]                   Based on the totality of the evidence I find you are a Convention refugee pursuant to section 96 of the Act and I accept your claim. 

——— REASONS CONCLUDED ———