Citation: 2020 RLLR 108
Tribunal: Refugee Protection Division
Date of Decision: February 21, 2020
Panel: Z. Perhan
Counsel for the Claimant(s): Benjamin Allison
Country: Nigeria
RPD Number: TB9-16707
Associated RPD Number(s): TB9-16771
ATIP Number: A-2021-00945
ATIP Pages: 000168-000172
DECISION
[1] MEMBER: So, this is the decision for [XXX] file number TB9-16771 the principal claimant and her son [XXX] the minor claimant.
[2] I’ve had an opportunity to consider your testimony, examined the evidence before me and I’m ready to render my decision orally. You will receive an edited … unedited transcript of the decision in the mail. Your counsel will also get a copy so if you have any questions you’re welcome to ask him.
[3] You claim to be citizens of Nigeria claiming refugee protection pursuant to Section 96 and 97(1) of the Immigration and Refugee Protection Act.
[4] I find that both of you are Convention refugees for the following reasons.
[5] The allegations of your claim can be found in the Basis of Claim Form in Exhibit 2. The details were elaborated today in your testimony. In summary, you the principal claimant, fear persecution in Nigeria due to your sexual orientation as a member of a particular social group, namely because you are bisexual. You also fear persecution at the hands of your first husband whose abusive relationship you escaped when you fled Nigeria for the United States.
[6] Your son the minor claimant fears persecution as a child of a bisexual women who will be ostracized by the community members and might face spiritual cleansing to rid him of his mother’s sins.
[7] Based on the type of claim I’ve carefully considered Chairperson’s guidelines 9, 4, and 3. So, sexual orientation and gender identity, women refugee claimants, and child refugee claimants.
[8] I find your identities as nationals of Nigeria have been established, on a balance of probabilities, through your testimony, through your valid Nigerian passports which were presented when you made your claim in Exhibit 1. I find no reasons to doubt the authenticity of those documents.
[9] In terms of your general credibility I find you to be a credible witness. Principal claimant, you have testified in a straightforward manner. There were no relevant inconsistencies in your testimony or contradictions between your testimony and the other evidence before me. I also find that were no embellishments made within your testimony. Therefore, I accept what you have alleged in support of your claim including the following.
[10] Central issue of your claim is sexual orientation so I put a lot of weight into your testimony and documents relating to your past and current same sex partners in Nigeria and in the United States.
[11] You testified about your first relationship and your longest relationship in Nigeria which you had to end as you fled the country in 2016. You did not escape because your sexuality was revealed, but because you had been in an abusive relationship until [XXX] 2016 with a man who physical and verbally tormented you, after the divorce you still could not escape his threats and left in [XXX] 2016 on a visitor’s visa to the United States.
[12] There you met your second husband who started the sponsorship process so you could stay in the US permanently. However, because you were also in a same sex relationship and your husband found out he stopped the process of sponsorship in [XXX] 2017. Told your family and relatives in Nigeria about your sexuality and his unwillingness to have a bisexual wife.
[13] After consulting with the church members in the United States you understood that you would not be able to obtain the status there. Returning to Nigeria would mean being persecuted by the community and the State for being a bisexual. So, you were advised to go to Canada and claim refugee protection here.
[14] I did not … you did not present any supporting letters from your previous same sex partners. You lost contact with your Nigerian partner in 2016 because she was upset with you leaving her and going to the US.
[15] Your US partner did not support your after you split from your second husband and did not want anyone in the Nigerian community in the United States to know about you two. You yourself were ashamed and still feel ashamed of who you are and not ready to share your feelings with anyone.
[16] Your family members in Nigeria known you’re a bisexual and you also received telephone threats from your second husband’s family who told you not to come back to Nigeria. In addition, your son, if returned to Nigeria would have to probably undergo the spiritual cleansing to rid him of the mother’s sins and homosexuality.
[17] While in Canada you have been an active church member though in Windsor participating in services regularly and volunteering in the local community centre. But even now it is hard for you to share your feelings and have a relationship with anyone. You’re still depressed about your past relationship and the consequences they had for you.
[18] In general, I find your testimony today was credible and, on balance of probabilities, you, the principal claimant, are a bisexual woman.
[19] As to the minor claimant I asked whether he would face any harm if he’s returned to Nigeria. You said he would not face any serious harm but would … would be separated from his mother.
[20] During the counsel’s questioning you said that if your son gets … you also added if your son gets into the hands of the elders who know you’re bisexuality he will have to go through dangerous ritual cleansing. In addition, he will be discriminated against and ostracized as a family member of the bisexual. The harassment, as counsel indicated in his submissions, could amount to persecution and risk to boy’s life.
[21] I find there is a link between what you fear and one of the give Convention grounds. As noted earlier the Convention ground for your claim is a particular social group. So, on a balance of probabilities, I accept that you are a bisexual woman and the minor claimant your son is a family member of the bisexual. Your claim is analyzed pursuant to Section 96 of the Immigration and Refugee Protection Act.
[22] The overall objective evidence supports your claim for Convention refugee protection based on the membership in a particular social group, namely sexual orientation as a bisexual.
[23] National Documentation Package for Nigeria in Exhibit 3 Items 6.1, 2.1, and 6.7 indicate that same sex relationships are criminalized in Nigeria. In particular, according to the Same Sex Marriage (Prohibition) Act all forms of LGBTQ activity, supporting and promoting it are illegal in Nigeria. Anyone convicted of entering into a same sex marriage or civil union may be sentenced to 14 years in prison. Anybody aiding or assisting homosexual activities faces a punishment of up to 10 years in prison.
[24] Any sexual orientation that is not heterosexual is considered to be unnatural, demonic, and immoral in Nigeria.
[25] The documentary evidence further indicates that family members of LGBTQ persons face treatment amounting to persecution and it’s found in Tab 6.11, 10.1 in the National Documentation Package. So, family members of sexual minorities including spouses, parents, children, and siblings face ostracism, stigmatization, embarrassment from community members, other extended family members. Family members of sexual minorities can be cut off from their community, can be insulted and assaulted by community members.
[26] In addition and as pointed by the counsel, Nigerian police force have arrested and detained relatives of wanted person. You as a bisexual is a wanted person in Nigeria. This act is often undertaken by the police with the intent of drawing a wanted person from hiding and forcing their surrender to law enforcement authorities.
[27] So, counsel was right. Tab 10.1 actually points out that fact that family members of wanted persons will be and can be detained with no particular reason.
[28] The minor … according to counsel’s submissions in addition the minor claimant could be… also face a great possibility for his persecution, increased danger that could lead to chi Id abduction, him being pressured into spiritual cleansing rituals that elders would perform on him.
[29] Overall, the objective country condition evidence supports conclusion that both of you, you and your son, have an objective basis for your claim. You as a bisexual person and the minor claimant your son as a family member of the bisexual person.
[30] You also fear police, authorities, and Nigerian community in general as same sex relationship is criminalized across Nigeria. I find it would be objectively unreasonable for you to seek protection of the authorities in Nigeria. Adequate State protection would not be available to you as you fear the State.
[31] With regards to possible viable internal flight alternative in Nigeria, given the laws, the Federal laws of Nigeria criminalizing same sex relationship, I find there is a serious possibility of persecution for you throughout Nigeria. Therefore, a viable internal flight alternative does not exist for you in Nigeria.
[32] As per your son the minor claimant, I also considered IFA for him, but again in his particular circumstances it is unreasonable to relocate anywhere in Nigeria without adults. It’s simply not safe.
[33] So, having considered all of the evidence I find there is a serious possibility that you would face persecution in Nigeria pursuant to Section 96 of the Immigration and Refugee Protection Act.
[34] I conclude that you are both Convention refugees based on your membership in a particular social group, principal claimant as a bisexual and the minor claimant as a family member of a bisexual. I therefore accept both your claims. Thank you.
———- REASONS CONCLUDED ———-