Citation: 2021 RLLR 66
Tribunal: Refugee Protection Division
Date of Decision: December 17, 2021
Panel: Louise Gentile
Counsel for the Claimant(s): Ohene K Andoh
Country: Ghana
RPD Number: TC1-06386
Associated RPD Number(s): N/A
ATIP Number: A-2022-01594
ATIP Pages: N/A
DECISION
[1] MEMBER: This is the decision for the following claimant, XXXX XXXX XXXX XXXX file number TC1-06386.
[2] In reaching this decision I have followed Chairperson’s guideline nine, proceedings before the IRB involving sexual orientation and gender identity and expression.
[3] I’ve considered your testimony and the other evidence in the case, and I am ready to render my decision orally.
[4] You were planning to be … you’re claiming to be a citizen of Ghana and of no other country, and you are claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.
Determination:
[5] I find that you are a Convention refugee because you face a serious possibility of persecution for the following reasons.
Allegations:
[6] You allege the following. You’re a citizen of Ghana. You’re a bisexual man who was introduced to same sex relationships by your uncle when you were 15-years old. You had to live your entire adult life in Ghana concealing your true feelings and identity for fear of ostracism and violence should you live openly.
[7] In April 2019, you were caught with your same sex partner, attacked by a mob, and had to go into hiding before fleeing the country.
[8] You allege that as a bisexual man, if you return to Ghana, you will face persecution from State police and security agencies and/or from members of the community.
[9] You allege further that there is no State protection for you nor is there any internal flight alternative.
Nexus to Section 96 or Section 97:
[10] I find that there is a link between what you fear and one of the five Convention grounds, specifically your membership of a particular social group as a bisexual man. Therefore, this claim has been assessed under Section 96.
Identity:
[11] Your personal identity as a citizen of Ghana has been established by your testimony and the supporting documents filed in the exhibits, including a certified true copy of a Ghanian passport with a Canadian TRV. I therefore find, on a balance of probabilities, that identity and country of nationality have been established.
Credibility:
[12] In terms of your general credibility I found you to be a credible witness, and I therefore accept, on balance of probabilities, what you’ve alleged in your oral testimony and in your Basis of Claim Form.
[13] Your testimony and evidence are presumed to be true.
[14] In support of your claim you provided documents in Exhibit Number 5 confirming the attack against you because of your same sex relationship. You also submitted a XXXX XXXX confirming a diagnosis of XXXX because of the attack against you and the strain of having to conceal your sexual orientation in Ghana for so many years. The panel finds these documents to be credible and persuasive, on a balance of probabilities.
[15] Your testimony about your relationship with your former partners was detailed, straightforward, seemingly unrehearsed and unexaggerated, responsive to questioning and was in keeping with your Basis of Claim Form, and there were no significant inconsistencies or omissions.
[16] Your testimony about how you felt in Ghana as a consequence of having to live your life concealing your true identity for the safety, and the contrast of that life with your life in Canada where you finally feel secure was also detailed and convincing and seemingly unexaggerated.
[17] I therefore believe what you’ve alleged in support of your claim, and I find the following to be credible. That, on a balance of probabilities, you are a bisexual man from Ghana.
Persecution Risk:
[18] The objective documentation supports your allegations that individuals in your circumstance face persecution.
[19] Ghanian law penal code Sections 104(1)(b) of the 1960 Criminal Offences Act criminalizes sexual acts between mutually consenting people of the same sex. Senior Government Ministers and religious leaders have engaged in openly hostile rhetoric against the practice of and the legalization of same sex behaviour. NDP 6.6 pages 18 to 21.
[20] Rather than protecting LGBT victims of crime, Ghanian police sometimes either threaten with arrest or arrest LGBT victims of crime themselves when they attempt to report crimes to them. NDP 6.6 page 25.
[21] Homophobic views are widespread in society. LGBT persons are not only not accepted, they are often believed to be or accused of being an intrusion western values into Ghanian society. Leaders have referred to homosexual acts as abominable acts and sins against the world. NDP Item 6.6, Item 6.1(9) at page 28.
[22] LGBTQ persons also face police harassment and extortion attempts. NDP Item 2.1.2(0) page 24.
[23] Therefore, I find that there is a serious possibility you could face arrest, imprisonment, or serious physical harm from the authorities or members of the community should you return to Ghana.
[24] Based on the evidence, you’ve established an objective basis for your subjective fear. Therefore, I find that you have a well-founded fear of persecution.
State Protection:
[25] I find that adequate State protection would not be available to you were you to seek it in Ghana.
[26] The objective documentary evidence indicates that homosexuality is criminalized throughout Ghana. The authorities often do not provide adequate protection or access to justice to victims of crime with diverse SOGIE, and the police themselves are often violators of the rights of LGBT citizens.
[27] In light of the above country documentation, I find that the claimant has rebutted the presumption of State protection. Based on your personal circumstances, fearing persecution from the police and community, as well as the objective country documentation, I find that adequate State protection would not be available to you in Ghana.
Internal Flight Alternative:
[28] I’ve also considered whether a viable internal flight alternative exists for you.
[29] The country documentation indicates that the situation for individuals in circumstances such as yours is the same throughout the country, and that you would face a serious possibility of persecution or risk to life anywhere in Ghana should you live openly as a bisexual man, which is your fundamental right. As such, I find there is no viable internal flight alternative for you in Ghana.
CONCLUSION:
[30] Based on the totality of the evidence, I find the claimant to be a Convention refugee as he faces a serious possibility of persecution because of his membership of a particular social group as a bisexual man. Your claim is therefore accepted.
———- REASONS CONCLUDED ———-