Citation: 2019 RLLR 191
Tribunal: Refugee Protection Division
Date of Decision: April 24, 2019
Panel: Harvey Savage
Counsel for the Claimant(s): Pablo Andres Irribarra Valdes
Country: Egypt
RPD Number: TB8-12819
Associated RPD Number(s): N/A
ATIP Number: A-2020-00518
ATIP Pages: 003277-003280
REASONS FOR DECISION
INTRODUCTION
[1] These are the reasons for the decision in the claim of XXXX XXXX XXXX, who claims to be a citizen of Egypt, and is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[2] This claim has been decided without a hearing, according to the Immigration and Refugee Board’s Chairperson’s Instructions Governing the Streaming of Less Complex Claims at the Refugee Protection Division (RPD) and paragraph 170(f) of the Act.
[3] In rendering my reasons, I have considered and applied the Chairperson’s Guidelines on Women Refugee Claimants Fearing Gender-Related Persecution.
[4] 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
[5] You allege the following: You allege that you have sexual attractions to both men and women. You have acted on both of these attractions and have had several sexual relationships with women in Egypt. You have also travelled extensively but did not consider making asylum claims in other countries since you were not aware that this was an option. However, you have not had any open same sex relationships since you fear having them in a repressive country like Egypt. You fear that you would be arrested by police and also suffer societal disapproval in this predominantly Muslim society. You came to Toronto on a visit in 2018 and intended to return to Egypt until you received legal advice and guidance that fear of state sanctions because of your sexual orientation was a possible ground for refugee protection.
DETERMINATION
[6] I find that you are a Convention refugee as you have established a serious possibility of persecution should you return to Egypt based on the grounds in section 96.
ANALYSIS
Identity
[7] I find that your identity as a national of Egypt is established by the documents provided, your national ID card and passport.
Nexus
[8] I find that you have established a nexus to section 96 by reason of sexual orientation.
Credibility
[9] Based on the documents in the file, I have noted no serious credibility issues. In particular, the evidence establishes the allegations as set out above. I read your long, very detailed narrative and some psychological reports that were in the file. After reviewing the documents, I have no reasons to doubt their authenticity.
Objective basis of future risk
[10] 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. Although same sex relationships are not explicitly forbidden in Egypt, the documentary materials state that the authorities often use the language “debauchery” in legislation to apply to members of the LGBTQ communities, and this raises a strong possibility that openly gay persons could be liable to criminal prosecution and to persecution by authorities.
[11] The fact that you face this risk is corroborated by the following documents: National Documentation Package (NDP) for Egypt – March 29, 2019 items, 5.1 and 6.1.
Nature of the harm
[12] This harm clearly amounts to persecution.
State protection
[13] I find that adequate state protection would not be reasonably forthcoming in this particular case. The agent of persecution is the state.
Internal flight alternative
[14] 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 Egypt. The agent of persecution is the state.
[15] On the evidence before me, I find that it is not objectively reasonable, in all the circumstances, including those particular to you, for you to seek refuge in Egypt for the following reasons. The agent of persecution is the state.
CONCLUSION
[16] Based on the analysis above, I conclude that you are a Convention refugee. Accordingly, I accept your claim.
(signed) HARVEY SAVAGE
April 24, 2019