2019 RLLR 5

Citation: 2019 RLLR 5
Tribunal: Refugee Protection Division
Date of Decision: October 17, 2019
Panel: Ethan McMonagle
Country: Haiti
RPD Number: MB7-21566
ATIP Number: A-2020-01124
ATIP Pages: 000043-000045


[1]       These are the reasons in the decision in the claim for refugee protection made by [XXX], who claims to be a citizen of Haiti, and is claiming refugee protection pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act. In rendering my reasons, I’ve considered the Chairperson’s guidelines on proceedings before the IRB involving sexual orientation and gender identity and expression.

ALLEGATIONS

[2]       You allege that you are a bisexual man from Haiti. You and your family left Haiti for the Bahamas in 1996 and remained there, until approximately 2010 when you were granted temporary protected status in the United States. Not having permanent status in the United States and fearing a return to Haiti, you claimed refugee protection in Canada at Lacolle, Québec, on or about October 25th, 2017.

DETERMINATION

[3]       I find that you are a “Convention refugee” as you have established a serious possibility of persecution on account of your membership in a particular social group of LGBT persons.

ANALYSIS

[4]       The determinative issue in this matter is credibility.

IDENTITY

[5]       I find that your identity as a national of Haiti is established by your testimony and the supporting documentation filed, which includes your Haitian passport.

CREDIBILITY

[6]       I find you to be a credible witness and I generally believe what you have alleged in support of your claim. You testified in a straightforward manner, and there were no relevant inconsistencies in your testimony, or contradictions between your testimony and the other evidence before me, which caused me concern or which were not adequately addressed. Your file is reasonably well­ documented, including a supporting letter and an affidavit, and media excerpts and correspondence with an American lawyer opining on your status in the United States. On the basis of your supporting documentation and your credible testimony, I find, on a balance of probabilities, that you are bisexual as you allege to be.

STATUS IN THE UNITED STATES OF AMERICA

[7]       Regarding your status in the United States, you allege that you only had temporary protected status which was set to expire. Further, now, since you’ve been away from the United States for approximately two years, you are not entitled to re-engage that status. I also note that in 2012, you made an application through your elderly father for permanent residence, but as of the date of this hearing, there is no evidence to suggest that you’ve been granted any status. On the basis of your testimony, the documentary evidence, and Counsel’s submissions and getting through some of that evidence, I am satisfied that you do not have any durable status in the United States.

OBJECTIVE BASIS

[8]       With regard to Haiti, looking at the documentary evidence in the National Documentation Package, I note a few items. 2.1 notes that local attitudes remain hostile toward LGBT individuals. Some politicians and leaders of organizations actively oppose the social integration of LGBT persons in discussions of their rights. Amnesty International notes that the Haitian Senate supported bills which discriminated against LGBT people, and in fact, it approved a law making same-sex marriage and public support or advocacy for homosexuality illegal. Similarly, Human Rights Watch notes that in 2017, the Haitian Senate passed two anti-LGBT bills which were under consideration as of November 2018. One of which calls for a ban on gay marriage as well as any public support or advocacy for LGBT rights. Should the bill be… or should this ban become law, the parties and co­ parties and accomplices of any same-sex marriage could be punished by three years in prison and a fine of approximately 8,000 U.S. dollars. On the basis of the documentary evidence and your testimony, and your particular situation, I find that you face a serious possibility of persecution in Haiti.

STATE PROTECTION AND INTERNAL FLIGHT ALTERNATIVE

[9]       And, given the foregoing reference to country conditions in Haiti, and the fact that I find you face a serious possibility of persecution throughout that country, in your particular case, as the agent of persecution could be both State and non-State actors, I find that neither adequate State protection nor a viable internal flight alternative exists in Haiti for you.

CONCLUSION

[10]     Based on the foregoing, I conclude that you are a “Convention refugee”, and I accept your claim. Welcome to Canada.