Citation: 2019 RLLR 16
Tribunal: Refugee Protection Division
Date of Decision: May 13, 2019
Panel: Harvey Savage
Counsel for the claimant(s): Kingsley I Jesuorobo
Country: Nigeria
RPD Number: TB8-17781
ATIP Number: A-2020-01124
ATIP Pages: 000119-000122
REASONS FOR DECISION
INTRODUCTION
[1] These are the reasons for the decision in the claim of [XXX], who claims to be a citizen of Nigeria, and is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[2] In rendering my reasons, I have considered the Chairperson’s Guidelines on Proceedings Before the IRB Involving Sexual Orientation and Gender Identity and Expression.
ALLEGATIONS
[3] You allege the following: You have identified as a gay person in Nigeria since an early age. Your first relationship was with [XXX] when you were 24. It lasted more than one year and ended after you were attacked on [XXX], 2017, by local vigilantes or local police who were tipped off by your stepdad. You ended that relationship because you wished to spare [XXX] from exposure due to his relationship with you. You then had a subsequent relationship with [XXX] which ended when you left for Canada on a student visa. Just before leaving you experienced other attacks. You made a claim for protection at the airport.
DETERMINATION
[4] I find that you are a Convention refugee as you have established a serious possibility of persecution should you return to Nigeria based on the grounds in section 96.
ANALYSIS
Identity
[5] I find that your identity as a national of Nigeria is established by the documents provided, your passport with student visa.
Nexus
[6] I find that you have established a nexus to section 96 by reason of your sexual orientation as a gay man in Nigeria.
Credibility
[7] Based on the documents in the file and your testimony, I have noted no serious credibility issues. In particular, the evidence establishes the allegations as set out above. You provided a medical report and corroborating letters. After reviewing the documents and the testimony, I have no reasons to doubt their authenticity.
Objective basis of future risk
[8] Based on the credibility of your allegations, and the documentary evidence set out below, I find that you have established a future risk that you will be subjected to the following harm. The claimant faces a risk of further exposure in Nigeria and possibility of vigilante attacks and arrests because homosexuality is criminalized.
[9] The fact that you face this risk is corroborated by the following documents: National Documentation Package (NDP) for Nigeria – April 30, 2019, items 1.3, 2.1, 6.1, 6.2 and 6.4.
Nature of the harm
[10] This harm clearly amounts to persecution.
State protection
[11] I find that it would be objectively unreasonable for you to seek the protection of the state in light of your particular circumstances. You were attacked by local police.
Internal flight alternative
[12] I have considered whether a viable internal flight alternative exists for you. On the evidence before me, I find that there is a serious possibility of persecution throughout Nigeria. As homosexuality is criminalized in Nigeria, there is no viable internal flight alternative.
CONCLUSION
[13] Based on the analysis above, I conclude that you are a Convention refugee. Accordingly, I accept your claim.
(signed) Harvey Savage
May 13, 2019