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2019 RLLR 139

Citation: 2019 RLLR 139
Tribunal: Refugee Protection Division
Date of Decision: October 28, 2019
Panel: Roderick Flynn 
Counsel for the Claimant(s): Peter Neill
Country: Ukraine
RPD Number: TB8-28086
ATIP Number: A-2021-00256
ATIP Pages: 0000121-000123


[1]       MEMBER: I have considered the evidence in this case and I’m ready to render a decision orally.

[2]       The claimant, [XXX], is a citizen of Ukraine and is claiming refugee protection pursuant to s. 96 and s. 97 of the Immigration and Refugee Protection Act.

[3]       I have considered all the evidence and I find that you are a Convention refugee for the following reasons.

[4]       You have provided credible and consistent evidence that you are a bisexual man who has been persecuted in Ukraine, including a homophobic attack in December 2016, which led to a three day hospitalisation.

[5]       You have alleged that you a bisexual man who faces persecution because of your sexual orientation in Ukraine.

[6]       Your identity as a citizen of Ukraine has been established by the supporting documentation, including your passport and birth certificate.

[7]       I find you to be a credible witness and therefore I believe what you have alleged in support of your claim.

[8]       You have testified in a straightforward and there were no relevant inconsistencies in your testimony or contradictions in your testimony and other evidence before me.

[9]       I am satisfied that you are a bisexual man who faces persecution in your country of origin of Ukraine because of your bisexual orientation.

[10]     I find that State protection would not be reasonably forthcoming in your case. Objective country documentation as well as the objective documentation provided by your counsel shows persistent homophobia among citizens and police, with insufficient investigation and prosecution of reports of homophobic attacks and events, including your own, because of a persistent and widespread attitude of homophobia throughout the country. This attitude of persecution has resulted in multiple reports of harassment of gay and bisexual people throughout the country.

[11]     Therefore, I am satisfied that there would be no safe place for you to return to in Ukraine because of your sexual orientation.

[12]     I conclude, therefore, you are a convention refugee and I accept your claim.

DECISION CONCLUDED