Citation: 2020 RLLR 93
Tribunal: Refugee Protection Division
Date of Decision: October 15, 2020
Panel: Torwoli Dzuali
Counsel for the Claimant(s): Laura Setzer
Country: Cameroon
RPD Number: MB8-27684
Associated RPD Number(s):
ATIP Number: A-2021-00945
ATIP Pages: 000035-000038
DECISION
[1] MEMBER: So, the claimant, [XXX], is a citizen of Cameroon claiming refugee protection in Canada pursuant to s. 96 and subsection 97(1) of Canada’s Immigration and Refugee Protection Act. In hearing and deciding your claim, I apply the Chairperson’s Guidelines 4 on women refugee claimants fearing gender-related persecution.
[2] And the decision I find that you are a Convention refugee under s. 96 of Canada’s Immigration and Refugee Protection Act as you face a possibility of persecution in Cameroon based on your membership in a particular social group, that being the anglophone minority in Cameroon.
[3] As far as your allegations, in summary, you submit that you are a member of the minority anglophone community which has been marginalized and discriminated against by the francophone majority in Cameroon.
[4] You allege that your father was a traditional leader in your hometown of [XXX] who was actively involved in speaking out for the rights of the anglophone minority and that he also supported anglophone separatist fighters.
[5] On [XXX] the [XXX] 2018, you allege that military personnel came to your house in [XXX] looking for your father. And to escape, you ran into the bush and walked for hours to your aunt’s house in a neighbouring town. You allege that the military returned a few days later and broke into your house. You further allege that your father is still missing and that some of his close friends were killed by the military.
[6] You departed Cameroon on [XXX] the [XXX], 2018, and arrived in Canada on [XXX] — sorry, you departed on [XXX] and arrived in Canada [XXX] of 2018. And you filed for your refugee protection claim on [XXX] the [XXX] of 2018.
[7] (audio cuts out) that you are afraid to return to Cameroon because of the continued harms (ph) perpetrated against anglophones by the government and also that you fear separatist fighters who might target you because they believe you have funds as a result of you living abroad.
[8] As far as your identity, this was established by certified copy of your Cameroon passport and your birth certificate.
[9] Regarding credibility, overall, I found you to be a credible witness and believe the allegations in your claim. You testified in a straightforward manner and there were no inconsistencies in your testimony or contradictions between your testimony, your BOC narrative, and the documentary evidence before me.
[10] To support your claim, you provided documentary evidence, including sworn statements from your mother and two aunties corroborating the events described in your narrative and testimony. You also provided articles about the ongoing conflict and the situation of anglophones in Cameroon.
[11] You established your identity as a member of the minority anglophone community through your credible testimony and the documentary evidence, including your birth certificate which shows that you and your parents were born in anglophone areas of Cameroon, documents from your elementary, secondary, and tertiary schooling in Cameroon at English institutions, and a sworn statement from your mother corroborating your allegations.
[12] You testified credibly about the events that occurred in Cameroon causing you to flee your home and your concerns about your father who is still missing and your other family members who have been displaced. You also testified credibly about the ongoing conflict in Cameroon and your fears of the harm that you might face if you were to return.
[13] Your allegations about the persecution of anglophones in Cameroon were supported by the objective documentary evidence. Reports in the National Documentation Package at tabs 2, 4, and 13 indicate ongoing conflict in the northwest and southwest anglophone regions of Cameroon. There are reports of widespread human rights abuses carried out by government security forces against civilian anglophone populations, including extra judicial killings, torture, arbitrary arrest, sexual violence against women, and massive displacements of civilian populations. The reports also note atrocities being carried out by non-state separatist fighters. The documentary evidence highlights the longstanding marginalization of the anglophone population and restrictions on their rights to political expression and freedom of expression with reports of people being arrested and killed for violating these restrictions.
[14] Overall, considering your testimony and the documentary evidence, I find that you have established on a balance of probabilities that you have a subjective fear of persecution in Cameroon based on your membership in the anglophone minority, which is objectively founded.
[15] I also considered state protection. The objective evidence supports your allegations that government security forces are the primary agents of persecution. And accordingly, I find that it would be unreasonable for you to seek state protection.
[16] I also considered whether you have a viable internal flight alternative in Cameroon. Considering that the government is the primary agent of harm here and the objective evidence, which shows that persecution of anglophones across the county, I find that you do not have a viable internal alternative — sorry, internal flight alternative in Cameroon.
[17] So, to conclude, having considered ail the documentary evidence and your testimony, I find that you, [XXX], face a serious possibility of persecution under s. 96 of the Immigration and Refugee Protection Act due to your membership in a particular social group, the anglophone minority in Cameroon. Accordingly, I find that you are a Convention refugee and I accept your claim for refugee protection.
[18] COUNSEL: Thank you.
[19] CLAIMANT: Thank you.
[20] MEMBER: So, thank you very much for your participation today. And congratulations, and I do wish you all the very best.
[21] CLAIMANT: Thank you.
[22] COUNSEL: Thanks very much.
[23] MEMBER: So, this hearing is now concluded. The time is 10:37 a.m.
[24] COUNSEL: Thanks.
[25] MEMBER: Thank you.
[26] CLAIMANT: Thank you.
[27] COUNSEL: Okay.
—————–REASONS CONCLUDED —————–