Citation: 2020 RLLR 103
Tribunal: Refugee Protection Division
Date of Decision: January 15, 2020
Panel: Dena Hamat
Counsel for the Claimant(s): Bolanle Olusina (Sina) Ogunleye
Country: Nigeria
RPD Number: TB8-31185
Associated RPD Number(s):
ATIP Number: A-2021-00945
ATIP Pages: 000136-000139
DECISION
[1] MEMBER: I’ve considered your testimony and the other evidence in this case and I’m ready to render my decision orally. The claimant, [XXX] is a citizen of Nigeria and claims a well-founded fear of persecution based on her sexual orientation as a lesbian. She additionally fears persecution from her relatives based on her gender, as they’re attempting to force her into prostitution. In assessing your claim, I have considered Chairperson’s Guideline 9 proceedings before the IRB involving sexual orientation and gender identity and expression.
[2] Interpreter: According to Section 9, right?
[3] Member: I’ve considered the Chairperson’s Guideline 9. Do you mind actually if you-, can you do simultaneous interpretation, if you don’t mind?
[4] Counsel: At the back
[5] Member: So, if you can flip your microphone and just.
[6] Counsel: Thank you. (inaudible) here you can sit. Just talking to her (inaudible)
[7] Interpreter: Oh ok, ok, ok, ok.
[8] Counsel: Sit beside her
[9] Interpreter: Oh ok, ok
[10] MEMBER: Thank you. I’ve also considered the Chairperson’s Guideline 4 on gender-related claims.
[11] I find that you are a Convention refugee pursuant to Section 96 of the Immigration and Refugee Protection Act.
[12] The details of your claim are documented in your Basis of Claim form and were elaborated upon by you orally during the hearing.
[13] In summary, you fear persecution in Nigeria at the hands of the government and society at large, due to your sexual orientation as a lesbian woman.
[14] Your identity as a national of Nigeria has been established on a balance of probabilities through your passport on file at Exhibit 1.
[15] There was an issue in that you transited through the US in [XXX] 2018 with a false US passport and there is therefore no biometric match despite this trip. There is also no objective evidence of your stay in the United States.
[16] Nevertheless, I find that you have established that you do not have any status in the United States through your co-, spontaneous and consistent testimony.
[17] With regard to credibility, I have found you overall to be a credible witness. You testified in a straightforward manner and there were no inconsistencies that were not reasonably explained. Given that I have found you to be a credible witness, I also accept what you have alleged in support of your claim, including the following.
[18] You first became aware of your sexual orientation when you were growing up in Nigeria. You had two same-sex relationships in Nigeria. You were not able to express your sexual orientation freely in Nigeria. They, your relatives attempted to force you into prostitution in 2016. You were assaulted when you refused. You presented documentary evidence in support of your claim, including a medical report confirming your assault in 2016, letters of support from your ex-girlfriends in Nigeria, letters of support from your brother and mother in Nigeria, a letter of support from your previous employer in Nigeria and documentation from the 519 program and the Black Coalition for AIDS Prevention.
[19] I did have some concerns about your alleged relationship in Canada, as your testimony had inconsistencies with regards to the progression of your relationship. I also had concerns about the lack of any documentation to corroborate this one year relationship.
[20] While I do draw a negative inference from these inconsistencies and from the lack of documentation, I do find that you credibly established that you were in same-sex relationships in Nigeria. I therefore find that this concern is not determinative.
[21] Having regard to all the evidence, the claimant established, on a balance of probabilities, her lesbian orientation.
[22] The most recent Department of State report on human rights practices in Nigeria, at Item 2.1 indicates that, human rights issues included crimes involving violence targeting LGBTI persons and the criminalization of status in same-sex conduct based on sexual orientation and gender identity. At Items 6.11 of the NDP, the Comprehensive Immigration and Refugee report on the situation of sexual and gender minorities in Nigeria, caver the period between 2014 and 2018 indicates the following. Sources report that since Nigeria passed the SSMPA in 2014, which hads been used as a tool by authorities and society to act against sexual minorities, including to carry out human rights violations, such as torture, sexual violence, arbitrary detention, violations of due process rights and extortion. Sources indicate that Nigerian society generally disapproves of sexual minorities. Sources indicate that sexual minorities are generally not accepted by family members. According to sources, labels such as gay, lesbian and transgender and bi-sexual are used in Nigeria often with derision or in a derogatory manner.
[23] Sexual minorities do not or are reluctant to openly identify as sexual minorities because it is dangerous for them, as they may face violence or be ostracized. Both les-, both, both bi-sexuality and homosexuality are viewed negatively and neither bi-sexuals nor homosexuals are accepted in Nigerian society. According to sources, sexual minorities are subject to mob attacks or violence, vigilante groups have reportedly targeted and attack sexual minorities. The documentary evidence establishes an objective basis for this claim. The same IRB report at, Item 6.11 of the NDP indicates the following. Sources indicate that police raid gatherings of sexual minorities and arrest them often. Police extorts sexual minorities when they are arrested or detained. According to sources, state protection is not available to sexual minorities in Nigeria, given that homosexual acts are illegal. The SOGIE Guidelines indicate as follows. The criminalization of the existence or behavior of individuals with diverse SOGIE, may create a climate of impunity for perpetrators of violence, and normalize acts of blackmail, sexual abuse, violence and extortion by state and non-state actors.
[24] Based on the claimant’s personal circumstances, as well the-, as the objective country documentation, I find that adequate state protection would not be available to her in Nigeria.
[25] The claimant has rebutted the presumption of state protection.
[26] The Response to Information Request, at Item 6.1 of the NDP indicates that, the intolerant attitude towards homosexuals is prevalent throughout Nigeria. The SOGIE Guideline states that it is well established in law, that an IFA is not viable if an individual, with a diverse SOGIE, must conceal their SOGIE in order to live in that location.
[27] I therefore find that you face a serious per-, possibility of persecution in Nigeria based on your, based on your sexual orientation.
[28] In conclusion, I, I find that [XXX] faces a serious possibility of persecution in Nigeria on the basis of her sexual orientation. Therefore, she is a Convention refugee and I accept her claim.
———- REASONS CONCLUDED ———-