Citation: 2021 RLLR 45
Tribunal: Refugee Protection Division
Date of Decision: August 4, 2021
Panel: Heidi Sprung
Counsel for the Claimant(s): Anthony P Navaneelan
Country: Nigeria
RPD Number: TB9-26476
Associated RPD Number(s): N/A
ATIP Number: A-2022-00978
ATIP Pages: 000128-000130
[1] MEMBER: I’ve considered your testimony and other evidence in the case and I am ready to render my decision. You will receive a transcript of this decision. It might be edited to correct grammar or add references to personal and country conditions documents. This is the decision in file TB9-26476. The claim of XXXX XXXX XXXX XXXX XXXX, a citizen of Nigeria who is claiming refugee protection pursuant to Section 96 of the Immigration and Refugee Protection Act.
[2] XXXX XXXX XXXX XXXX XXXX, you’ve claimed that you fear returning to Nigeria because you are bisexual. Your allegations and the hearing was conducted in accordance with Chairpersons Guideline 9 regarding proceedings before the IRB involving sexual orientation and gender identity and expression. XXXX XXXX XXXX XXXX XXXX, I find that you are a Convention refugee and your claim is accepted.
[3] The allegations in your Basis of Claim form are briefly summarized as follows. You are a bisexual man who has been in Canada since XXXX XXXX XXXX 2013. You began studying at the University of XXXX with a sponsorship of a Nigerian MP. When that sponsorship ended you continued to work during the summers in various places, Calgary, Edmonton and Vancouver for example, and you paid your fees and studied as much as you could. You now live in Toronto.
[4] During the time that you’ve been in Canada and particularly during your summer jobs at XXXX and XXXX in Vancouver, these locations being away from a predominantly Nigerian community, you felt free to meet and having sexual encounters with men and a few with women. You have realised and come to accept your identity and have come out as a bisexual man. Initially you were careful not to let people in the Nigerian community know your identity, nevertheless several of your friends and other friends in Canada are now aware of your identity. There are multiple affidavits and supporting letters from friends supporting your claim. Your Basis of Claim also documents your continued attempts to renew your student visa and other options for staying in Canada.
[5] With respect to your identity which is always the first issue, I am satisfied that your identity as a citizen of Nigeria is established through your testimony and a copy of your passport and other documentation on file.
[6] With respect to your testimony the panel is mindful of the principal that when a claimant swears to the truth of certain allegations this creates a presumption that those allegations are true unless there is reason to doubt their truthfulness. I am aware of the many difficulties faced by refugee claimants in establishing their claim, including the stress of the hearing and all the questions that are asked, as well as other cultural factors.
[7] I find that generally XXXX XXXX XXXX XXXX XXXX, you testified in a straightforward and compelling manner. Your testimony was clear and consistent with your allegations. It was internally consistent and consistent with the documentary evidence on file. You described coming to the realization that you were attracted to men. You described your first relationships. You readily answered questions regarding your social life and activities in the LGBTQ community including get togethers at your apartment in Toronto that were known as safe spaces for queers. Your testimony was compelling as I mentioned before.
[8] I note that the case is well documented with corroborative evidence, relevant recent social media posts including one that predates the refugee claim are in evidence as well as several affidavits supporting your allegations of being bisexual. You reasonably described the time and explained the time it took for you to realize and be comfortable in your sexual identity as well as the time it took to realize that you could make a refugee claim. In this regard you explained that no one in the Nigerian community talks about their immigration status and you explained that you didn’t realize that the refugee process would be a private process and this also led to a delay in making a refugee claim. I find on a balance of probabilities that you are bisexual and that the objective evidence supports your allegation that you can’t return to Nigeria and live safely as an openly bisexual man.
[9] With respect to the objective evidence, the Nigerian government outlawed same sex relationships in 2014. Same sex relations for men are criminalized throughout Nigeria and the recent report for the initiative for equal rights in the National Documentation Package as well as the UK Country Policy and Information note on sexual orientation and gender identity and expression, and the Response to Information Request on antiLGBTQ vigilante groups clearly indicate that there is a climate of impunity for perpetrators of violence against the LGBTQ community members and that there would be no protection from the state.
[10] To summarize I find that there is clear and convincing evidence that you would be at risk and that the state would be unwilling to protect you. For the same reasons you have no viable Internal Flight Alternative in Nigeria. You should not be expected to conceal your bisexual identity to live in Nigeria.
[11] Just to conclude XXXX XXXX XXXX XXXX XXXX, is a person in need of protection pursuant to Section 96 of the Immigration and Refugee Protection Act and the claim is accepted.
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